Regarding divorce from my wife

This query is : Resolved 

Online (Querist)
03 July 2019

i am separate from my wife from past 7 years and i have 6 year old daughter with my wife custody.No improvement in my life.Also my father-in -law frequenlty giving false police compliants against me. i am able to handle police that is not an issue.How to proceed divorce from my side.please help us and advise me.

SHIRISH PAWAR, 7738990900Online (Expert)
03 July 2019

You can file divorce application in court as she has deserted you for 7 years. And you have to send legal notice later on you can approach court.

Adv Deepak Joshi +917017821512Online (Expert)
03 July 2019

In case you have proof that you are living separately from your wife from 7 years than that is strong ground for divorce.Make divorce application in competent court

Dr J C VashistaOnline (Expert)
04 July 2019

You are serious about divorce ? If so, what stopped you for filing a petition to that effect during elapsed 7 years, which is not a short period of time ?
You are affectionate and loving to your daughter / wife? Did you ever visit them during this period ? If so, what is the result?
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Ch. No 647, Dwarka Courts Complex, Lawyer's Chamber Block, Sector 10, Dwarka< New Delhi Cell # 9891152939 email: or visit:

Sudhir KumarOnline (Expert)
04 July 2019

what is the status of the criminal cases filed against you?

P. Venu Online (Expert)
04 July 2019

Yes, you can move the court seeking divorce on the ground of desertion. The criminal cases filed against you offers additional ground, especially if you have been acquitted.

SenthilOnline (Querist)
04 July 2019

In past 7 years, i have sent 1 registered letter to my wife for every years and she is working in MNC company. also i have email proof as well .we can considered that are proofs ?.. Last years they filed complaint in women police .i have reponded that complaints and closed it.Also women police have initiated to welfare association but i didn't reponded that.

Adv. Yogen KakadeOnline (Expert)
04 July 2019

Mr. Senthil,
If you think that there is no possibility what so ever to continue with the said marriage, then try to convince your wife for mutual consent divorce, and if she denies to do so or keeps unjustified conditions, then it is advisable for you to file a Divorce Petition with the help of a good lawyer.
All the best,

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Web: Phone: 020-25882888 / 09225510883

R.K NandaOnline (Expert)
04 July 2019

nothing more to add to above replies of experts.

Vijay Raj MahajanOnline (Expert)
05 July 2019

You say it's 7 years desertion by wife and with her police report and complaints against you she will show it as desertion forced upon by you because you indulge in domestic violence against her, committed cruelty, she had no other option but to live away from you.
The Protection of the Women from the Domestic Violence Act, 2005 allow the wife protection order from the court where the husband can be restrained from coming near her leave aside continuation of conjugal relationship, this protection order allow a wife to live away from the husband, that is for husband an act of desertion, but for wife she was forced for it by the husband.
Proving desertion by her in Family Court will not be so easy for you to get divorce. Onus to prove desertion by her is on you and if she defend it by stating reason which the court agree, you won't get divorce so easily, now that desertion period is 7 years or more.

SenthilOnline (Querist)
06 July 2019

All police complaints are not written complaints.all are false complaints.all complaints given my father in law only using bank influences( mostly via phone). Please share good lawyers in Chennai location (family court).

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