Can file divorce as wife is staying away without consent

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
My friend has an inter-cast love marriage. For the last 4 year, starting from the days of marriage his wife living separately for the sake of job. From the initial days he is disagree with this decision. She told him that she will come back within 1 year. Now my friend is not sure she will leave that job and come back in future. She only comes in long holidays (approx. 40 days in a year) to stay with him. My friend is staying in a state capital where there are plenty of opportunity for job also he is earning handsome amount(Rs 50000 pm) from the job. She is getting Rs 30000 from her job and staying in an interior area of the state. They have a son of 2 years old staying with her. He lost the golden moments of his marital life and now he is missing his son. He is going through severe mental stigma. Can he force her to stay with him legally OR shall he go for divorce? He needs child custody. What can be the grounds for divorce? If he keeps the son forcefully to start his studies in capital city will it be illegal and can the wife take legal action?

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pawan sharma (Expert) 02 July 2010
i. u can file petition u/s 9 Hindu marrige Act for she live with u, if your's fri's is hindu.
ii. up to 5 years court give the custody of child to mother.
iii. u both are file acommon petition u/s 13B in H M Act.
iv. in spite of above y's fri's can file divorce on the ground of sepration.

adv. rajeev ( rajoo ) (Expert) 02 July 2010
He can file divorce petition on the ground of desertion.
Up to 7 years child custody will be with mother, after that he can ask for the custody of the child.
If wife agrees for the divorce then both can file consent divorce petition.

Querist : Anonymous (Querist) 02 July 2010
My friend is Hindu.His wife is not willing to give divorce.She is want to continue like this. If my friend bring the child forcefully.Can there be legal action from the wife?

N.K.Assumi (Expert) 02 July 2010
File a case for restitution of conjugal rights and if that fails go for divorce that is the only way out. Regarding custody battle, first resolved the relationship with your wife first than decide the custody battle.