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Arjun Arjun (**)     18 December 2020

Wife not coming back

My marriage was in 2018.In 2020 September, my wife went to her parents house purportedly for writing competitive exams.But after that she did not come back. When I asked her date of coming back, she vaguely said in January 2021 she has exam and that about February and others she does not know. This incident happened on 3/12/20.After that she stopped calling me and started ignoring my calls. I am not able to see my child also. Her father told me that as I had not gone for her sister's marriage, He needs to think again for sending his wife and grandson to my house.They all(she,her parents, relatives) stopped attending my calls. Her mother last year had told me to get transfer near their house and live in their house. But I had not succumbed to their plans. Please advise me how can I get divorce with custody of child



Quick Summary
This discussion concerns a husband whose wife left in September 2020 and has not returned, preventing him from seeing their child. He is seeking advice on obtaining a divorce and child custody. The expert advises that a two-year separation is typically required for divorce, but a restitution of conjugal rights application can be filed to attempt reconciliation. Child custody applications can be made at any time.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 December 2020

Hello,

There has to be a continuous 2-year separation between you and your wife for filing a divorce application. For now, you have the option to file restitution of conjugal rights application to bring your wife back. You can file a child custody application at any time. 

Dr J C Vashista (Advocate)     19 December 2020

Repeated query, 

See response of the expert in original query.


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