• How can I proceed for getting a divorce

We are married for last 9 years. But my wife staying in her home during last 8 years. She comes to my home hardly 2 or 3 days in a year. We have a girl child of 8 years old and she is also staying in my wife's house. My wife is working lady in a private sector. One year ago I have got a job in central govt. Recently I have heard from my wife's office that my wife is being engaged in an affair with one of her colleague. It is very painful to me. But she is hiding the total fact and misbehaving with me. She does not call me or send me any message. When I call her she replies as an outsider. I went to her home but she refused to stay with me in a room. But she do not want to give me divorce. In my home my old mother is there of 60 years old. She had an operation of gall stone in last month when I went to my home. But despite of my wife's vacation she did not came to see my mother or did any phone call. I am thinking for getting divorce in this condition. I dont know what I should do and how long time is required to overcome this problem. Only I have few call recordings when she made extremely bad comments about my mother and sister. Kindly help me.
Asked 5 months ago in Family Law from Burdwan, West Bengal
Religion: Hindu
1) File for divorce on grounds of mental cruelty 

2) Refusal to stay with husband amounts to mental cruelty 

3) Also seek visitation rights for your daughter 

4) if wife files any false 498A case obtain AB 

5) call recordings are admissible in evidence 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Living separately for 8 years or more itself is a clear case of desertion by her.  

She is deemed to live separately away from your without any valid reason which can be termed as abandonment of the matrimonial home or married life voluntarily. 

This separation can be termed as mental cruelty too.

The unfounded allegation of adultery also can be another ground for divorce. 

You may file a divorce petition on the above grounds.

No doubt it is a time consuming project, but what else you think is going to be relief when she is unwilling to give you divorce by mutual consent. 

You cannot keep toiling your lief with such mental stress and loneliness.

You have married her for living together in a married life but if she deprives you the privilege of marital bliss, there is no use of continuing this dead life, you may have to decide against her by filing a divorce on the grounds of desertion and cruelty. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Hi
 file for divorce on cruelty and desertion ground
Now don't wait for her, don't bow your head before her for your marital rights. treat her as she is out of your life and think about the technical aspects of a divorce to end this legal liability.
Talk to an advocate and  prepare yourself to file the divorce.
You need to get her to court , if she is into relationship she will surely agree for a settlement during the ocurt counselling sessions and you cna convert the petition into mutual consent divorce.
Regarding the child visitation right if you feel to press , ask for it.
she will surely ask for the maintenance of the child which is both of your liability
The pleadings of your case on ground opf cruelty and desertion are her  past 9 years ,non co-operation, denial of conjugal rights, her treatment of your mother and other relatives, her statements which are very abusive, her unwillingness to do her duty as a wife and daughter in-law, the way she behaved with you, ignored you , the small incidents of fights, arguments, non caring ways etc.
finally the happiness of being a father- she has deprived you of a fatherly love to you and your child by staying separately.
her denial of sexual, matrimonial, relationship is denial of conjugal rights and it amounts desertion  . so fight on all these aspects. you have got a  case  under cruelty and desertion.The recordings will help you ot prove mental cruelty 
engage a lawyer and proceed further now dont wait as already there is a delay from your part as you have not taken any legal action for her cruelty and desertion.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Believe your eyes and not ears when it comes to such allegations against your spouse. Be that as it may, if you have evidence to prove adultery has been committed by your wife then you are at liberty to apply for dissolution of marriage. Another ground that permits you to maintain a petition for dissolution of marriage is desertion as yo say that she has been staying apart from you for 8 years,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You can seek joint custody of child 

2) court would award you visitation rights atleast 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Despite living separately from each other you had been doing a wonderful job of sending maintenance amount to your daughter without a court order and also have been bearing the educational expenses of the child. This is a fact that can be established before court for proving your fondness and affection towards your child as a ground for seeking custody of your child.
Yes,, you can very well file a child custody case under guardian and wards act or under HAMA, 1956. 
Dont worry about the result, you first initiate legal process then let she come out with her own defence.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
You are free to file a petition for child custody. The courts more often than not lean in favour of mother while deciding a child custody dispute but this is not a strict rule. If you can prove you are more competent than the mother to secure the welfare of child then you qualify to get the custody.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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