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Can I divorce my Wife being away from me from last 10 months ??

I have been married for last 4.. my Wife is now staying at her parents place from last 10 months .. we had some arguments and she left .. she is now demanding that I should with my family to her place and talk to her parents and then only the final decision will be taken .. she had been pain since the day we got married .. she had tried to commit sucide many times .. we have a daughter 3 years old now with her .. as I don’t want to goto her house .. she is not allowing me to meet her outside he
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Family
Posted on 26-Aug-18
Advocate SHIVALEELA
Answered on 29-Aug-18
It required at least 12 months you and your spouse must be seperated
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Advocate Puneet
Answered on 31-Aug-18
If u want divorce then convince her to get mutual divorce and decide in that the custody of the child. Being a daughter normally the custody will go to mother. Otherwise if u want her to come back and give a last chance then file sec 9 application for restitution of conjugal rights. Remember in any case u have to pay her maintenace or alimony if she demands. Its better if you mutually agree to divorce.
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Advocate manju
Answered on 19-Sep-18
you can get divorce from your estranged wife on basis of cruelty she has committed upon you. As far a sthe custody of your daughter is concerned , you will get the visitation rights but the she till 5 years of age she will remain in the custody of her mother.
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Advocate Tamanna
Answered on 12-Oct-18
you can file a divorce petition . you can also claim for custody of the child .
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