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Divorce without mutual concent

Querist : Anonymous (Querist) 08 April 2022 This query is : Resolved 
Dear Sir/Madam,

I wanted to know, in case if the husband do not wish to give wife divorce, even if she insists what can wife do?
in this case, husband has deserted wife since 2.5 years, he was/is even drug addict and as he wants child custody/visit rights, he is not giving divorce to wife.
please help how to handle such case.

many thanks.
kavksatyanarayana (Expert) 08 April 2022
What is your problem? Without expressing your problem, why did you put this academic query? If the wife wants a divorce as her husband is a drug addict person for that reason she may file a divorce case. If the court orders favours to the wife, then the husband may file a case for his child visitation rights.
Dr J C Vashista (Expert) 09 April 2022
No facts available to consider and oblige. However, in the given facts :
a) Wife may file a case of divorce on the ground of desertion and cruelty (if any).
b) Custody of child has to decided mutually or move a separate case before Guardianship court.
c) It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceedings, if there is some truth in the story posted.
P. Venu (Expert) 09 April 2022
Yes, marital cruelty is certainly ground to seek divorce. It is a question of fact to be decided by the competent court whether the alleged drug addiction and the consequences thereto constitute marital cruelty entitling a decree of divorce.
Advocate Bhartesh goyal (Expert) 09 April 2022
Yes,Wife can seek divorce on ground of desertion and cruelty.
laxmi kant joshi (Expert) 11 April 2022
If the husband is not agree for mutual consent divorce then the wife can file the contested divorce on the ground of desertion and cruelty as her husband is a drug addict , move another case for child custody in the court .


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