Divorce
Abhishekl
(Querist) 08 May 2012
This query is : Resolved
After 498A filed by my wife...I and my wife did an agreement in Mediation Centre High Court that we will live separately without seeking divorce till we decide otherwise since she was not ready to give divorce.
For last three years I am giving her maintenance as per agreement. I have one son as well who is with her mother and now 7 years old.
I can not live with my wife at any cost. But she is not giving me divorce as well. As far as agreement is concern, there was no limit mentioned that how long we will have to live separately.
Is this not violation of my fundamental right.
May I go further to seek divorce and what will be the best way to get it.
How can I take custody of my son back?
V R SHROFF
(Expert) 08 May 2012
File Divorce Petition :
Ajay Bansal
(Expert) 08 May 2012
File a divorce case in Family Court.
ajay sethi
(Expert) 08 May 2012
you have stayed separately for 3 years now since there is no chance of any reconcilation ask your wife for divorce . it is better tomeet her and take her into confidence . divorce by mutual consent is best . otherwise it will drag on for years
Deepak Nair
(Expert) 08 May 2012
You can file a petition for divorce on the ground of desertion as you are deserted by your wife for more than 3 years. Go ahead and file a petiton. Anyway, you are ready to give maintenance.
Advocate M.Bhadra
(Expert) 08 May 2012
You can file a Divorce Suit in Family/District Court from your side on contest.
R.K Nanda
(Expert) 08 May 2012
Nothing to add.
Shonee Kapoor
(Expert) 09 May 2012
File for divorce petition immediately without any further delay.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 10 May 2012
First of all, submit to the High court that reconciliation is not possible and fight the 498A on merit. Now, file a divorce petition.Only after knowing the complete fact can I guide you regarding the ground.Similarly, file a case for the custody of your child.
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