Wife is not with her husband

Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce.
The deserted spouse filing the petition is the one who must sufficiently prove and provide evidence for his conduct showing unmistakably that the desertion was against his will.

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Originally posted by : Vishwajeet Pawar
	If wife is not staying with husband since last 3 years, and have a baby of 3 yrs. After lot of efforts to bring her back and she refuse to come at home town and want to stay at her father-mother town also not ready to compromise to save the relation or home and even to get separated, then how can we go for divorce?

Getting divorce very tough in your case.

Simply find some girlfriend or keep a keep and enjoy. What you wanted to achieve from marriage, you already achieved. Married, had wife, had baby. You tried to bring her back. She wont come. Let your marriage continue. You make some other arrangement. Getting divorce 2 options.

1. Contest.

2. Mutual.

Mutual will cost you lot of money.

Contest will cost your life.

Idhar gire toh khai, udhar gire to kua. Better to do as per your limitations. Dont go by advice od advocates and their promises. Easeir way is mutual but you should shell out heft money to wife and child. Custody of child will be life long battle.  There too if you want baby custody pay moneyand take custody. Money rules. If you dont want all this problems. Simply continue with marriage. If she does not want to come, you go see her once a month or when time permits.  You will gain lots of respect if you do like this.  Keeping keep is also your outlook. You have a failed relationship but still you can make your marriage successul. Its in your hands now.

It is better initially you can file Restitution of Conjugal Rights (RCR) Petition to save your relationship by bringing back her through court decree. If you fail to bring her back with this decree also, it will add more strength to your divorce petition as one more ground. But, not for ground, may be she can realize after this RCR case and chances to join your company. All the best!