Need suggestion

arrange for a mediation between both the elder members of the family and arrive for a compromise .if it doesnt work you can file rcr against her to make her return to matrimonial home but if you get rcr in your favour and if your wife refuses to join you within a year then it can be used as a ground for divorce.if it goes that far you can apply for child custody in the court

If you have been living separately from her for more than three years, there is no fun in waiting for her to return, as per Muslim law you may marry another female during the subsistence of a marriage also.  So atleast pretend that you would go for marrying another female if she does not returns within the time stipulated, you may watch for the reaction, if there is no proper response, you may consult the elders of both sides and decide further course of action.  You cannot approach the court  as a Muslim male governed by Muslim personal law, with RCR or divorce petition.

if you are a government employee then you have to take divorce from first wife and then only you can marry second time and in private service then you can marry again totally four times and you have to pay maintenance to your first wife and take care of your children 

or make your elders to involve and resolve the issue without going to court 

Originally posted by : T. Kalaiselvan, Advocate
	If you have been living separately from her for more than three years, there is no fun in waiting for her to return, as per Muslim law you may marry another female during the subsistence of a marriage also.  So atleast pretend that you would go for marrying another female if she does not returns within the time stipulated, you may watch for the reaction, if there is no proper response, you may consult the elders of both sides and decide further course of action.  You cannot approach the court  as a Muslim male governed by Muslim personal law, with RCR or divorce petition.

Hello Sir I was under the impression that a muslim guy can approach indian court for the purpose of getting RCR or divorce petition.If not what is the correct way to get divorce?

Thanks