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Please advise

Dear All, 

After having 5+ years of married life, my wife doesn't want to continue to live with me as a family., resulting which she left our house more than a year back with the child who is 2yr old now. I have tried to convince her to come back, but i guess she is adamant on her decision. Since last 2/3 months she is asking to give it a legal shape in the form of divorce, which i cannot accept by heart. 
It would be very helpful, if i get some helpful advice from this forum regarding the situation, where. 

i. She wants divorce, i cant accept that decision as of now, what should i do? 

ii. What i would have to face in terms of time, legal harassment etc. if i want to go against her decision?

iii. I want the custody of the child,what could be the decision regarding that? 

We have no history of any physical torture or anything of that kind. Apparently, i thought we had a smooth life. 



 5 Replies

Laxmi Kant Joshi (Advocate )     11 March 2015

Very stange Without any reason your wife had left your home and now asking divorce from you? If you want genuinely better legal advise then don't conceal any facts from the experts, if she had taken the firm decision not to cohabitat with you and you had done all of your efforts to bring her back but all in vain then it will be better for you both to opt mutual consent divorce and get seperated from each other, regarding custody of child court will not grant the custody of such a small child to you, you can get the visitation rights or for child custody while you draft your mou for mcd put this condition before your wife and after agree on this point you can get permanent custody of your child .
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I said apparently, i thought we had a smooth life. When asked her for the reason for this separation, she blamed me with irresponsibility, indifference, etc. and finally, she doesn't want the child to grow with me. We are married under special marriage act. 

It would be really helpful if you please clarify a bit more regarding the MoU for MCD for the permanent custody of child.

What would be the consequence/s, if i don't agree for mutual divorce? 

Adv. Chandrasekhar (Advocate)     11 March 2015

You have to ask her what does she mean of responsibility?  With such vague responses, if she wants to get divorce, courts won't accede her request,  For that account, you have nothing to do at this stage.  If she is dying to get divorce, let her slug out in court by filing divorce on plausible grounds. Do not concede. For child custody, send regular amount for child maintenance to her.  File child custody with interim application for visitation rights.  For getting divorce without valid grounds, if she files any other cases like D.V. etc. You contest them without fear.

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Try to sort differences between u and wife.
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Adv k . mahesh (advocate)     12 March 2015

difference crop between wife and husband to overcome you should stand and fight for it for the sake of your 2 year child and divorce is not the solution may be she is right in her behaiour what you made to you but it is your responsibility to solve the issue and leave happily 

in my view sit and discuss with her and solve it as per your query without any problem going for divorce is waste and spoiling the happy married life 

after all we are there when ever you wish want you want to 

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