My wife went with my son from last 11 years i try to call for come back 1000 times she is not coming and not giving divorce what to do
2 years ago
My wife went with my son from last 11 years i try to call for come back 1000 times she is not coming and not giving divorce what to do
Sidhaarth
Responded 2 years ago
A.For divorce you are not required to ask for permission or consent of wife. You have right to file case for divorce and also you can claim custody of child. You have already wasted your precious 11 years.
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Nirmal Pandit
Responded 2 years ago
A.You can file a petition for restitution for conjugal rights for bring your wife to her matrimonial house, or you can file a petition for divorce petition on the grounds of desertion incase if you do want to continue with the marriage. Once you file a petition for divorce she will receive a notice from the court to appear before the court and state the reason for staying away from you. She may come with a reply along with a petition for maintenance against you. Further the court might send your matter for mediation for settlement of the matter. If the mediation fails then your matter will be decided by the court on the basis of grounds mention in the petition along with other facts and circumstances of the the case.
Nirmal Pandit.
Advocate.
Nirmal Pandit.
Advocate.
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A.Hello
Sir if your wife is not ready for divorce and nor ready to come back then you have a option to file a petition for restitution of conjugal right. It means that through a court decree the court would direct her to stay with you, but also that doesn't means you have a right to consumate the marriage. Also to see your children you could seek visitation right from the court that means you would be allowed to see your children atleast once a month.
Thanks.
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Sir if your wife is not ready for divorce and nor ready to come back then you have a option to file a petition for restitution of conjugal right. It means that through a court decree the court would direct her to stay with you, but also that doesn't means you have a right to consumate the marriage. Also to see your children you could seek visitation right from the court that means you would be allowed to see your children atleast once a month.
Thanks.
Please rate if you find this advice helpful.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
If your wife is not ready to come back you have two options either to file a divorce petition or a petition for restitution of conjugal rights. A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. ... But under no circumstances the court can force the erring spouse to consummate marriage.
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If you find this advice helpful please rate.
If your wife is not ready to come back you have two options either to file a divorce petition or a petition for restitution of conjugal rights. A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. ... But under no circumstances the court can force the erring spouse to consummate marriage.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.First you go for counselling. The matter are matrimonial try for counselling. If is no solved your problems you may proceeding for divorce petition in the compitent court. Because you are not physical relationship since last 10 years. Your wife ignore you without any reason.
You file a petition for custody of child under guardian wards act.
You file a petition for custody of child under guardian wards act.
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Ashutosh Patel
Responded 2 years ago
A.File application under section 9 Restitution for Conjunal Rights before Family Court praying that she has wilfully deserted u ,the court will pass the decree directing her to resume the marital obligations.Further u can also file application for the custody of ur child.Plz Rate me if u like my advise.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary on your part to apply before the District Judge / additional District Judge within whose jurisdiction either you or wife resides or your marriage was solemnized under section 9 of the Hindu Marriage Act,1955, as amended up to date, for Restitution of Conjugal Rights. Upon service of the process of the Court when your wife will enter appearance, then she has to specify the reason for not residing with you. If your wife then expresses her willingness to give you Divorce, then through another Matrimonial Suit,both of you through joint petition can file for Mutual Consent Divorce.
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A.Dear Sir,
You have to file divorce under Section 13 on the ground of desertion and convince the Court that you are marriage is irretrievable as such it may be dissolved. You may get draft a strong divorce petition and if she did not turn up to the Court then ex-parte decree will be passed in your favour.
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You have to file divorce under Section 13 on the ground of desertion and convince the Court that you are marriage is irretrievable as such it may be dissolved. You may get draft a strong divorce petition and if she did not turn up to the Court then ex-parte decree will be passed in your favour.
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Vaidehi Samant
Responded 2 years ago
A.File Restitution of Conjugal rights petition if she's not ready to divorce you. Or you may go for contested divorce petition filing or file for a mediation petition. Though there's all possibilities that you might face maintenance suit in return but you can argue that on the basis that she is not staying with you for over 10 years. Also you can seek visitation rights for your child if you wish to. Thank you.
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