I want to take divorce from my wife who is not staying with me for 9 months. She is more interested to stay with her parents. She is not willing to give mutual divorce. So what should I do? We have one girl child. Can I go on character ground? Please advise.
Asked in Family Law from Nanded, Maharashtra
You have not mentioned when did you get married? If you had been married for more than a year you can file for divorce on grounds of mental cruelty . However please note that contested divorce petitions take some years to be disposed of.
You can file a divorce suit before district court against your wife on cruelty ground mentioned u/s 13 (1) (ia) of Hindu Marriage Act, 1955.
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Advocate, New Delhi
Refusal to stay with you without valid ground itself is sufficient for you to get divorce.
"Desertion" is the ground on which you may obtain divorce. However, to prove that she has deserted you, you need to mention the gist of the events and send her a notice to call her back.
If you want to take divorce from your wife who is not staying with you for 9 months. The said ground is a strong one but you have to wait some more time(not less than two years and more) to proceed with in a court of law for divorce against your wife on the solid ground of desertion.
Advices given above are different aspects and are correct legally.Generally it is felt law is in favor of ladies. It looks that she is not willing for divorce and you have not given any solid reason for her stay with her parents. You will also have to think about your daughter and both of you should not be selfish only for your cause or martial discord.
For character it is not ethical unless it is really not OK.
What I will advise go to some local lawyer who does mediation in such cases.
Advocate, New Delhi
1. You may apply for divorce on the ground of cruelty as your wife has abandoned her marital home. Her character cannot be impeached.
2. You may also apply for the custody of your child.