Legal Question in Family Law in India
Me and my wife last stayed together in Delhi till March 2012.we have very unsuccessful marriage .. I moved my job to bangalore and since then we are living separately.. now its Jan 2014 .. she never visited me to bangalore. . Though I visited her too Delhi in Oct 2012 for a week to bring some of my leftover stuff.. now I have moved from bangalore to USA ..would court in India accept we are living separately since 2012 march.. it's been 2007 since I got married .. I have no physical relationship since 2009 ..and I am requesting her for kid.. she is neither coming to stay with me nor leaving me ..want and how should I get rid of this situation..
2 Answers from Attorneys
The law says that either the wife has to stay with the husband or to give divorce. Therefore, if she refuses to cohabit ate with you without reasonable reasons, that would amount to cruelty against you and the same can be a ground for divorce. The court will accept the affidavit that may be submitted by you. You should first serve her a legal notice for RCR. If she does not comply, you can move a divorce petition wherein that notice can be taken advantage of.
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unless a court proceeding is filed it would be difficult to ascertain date of separation there should be some record of date of separation.
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