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Author Topic: Seeking divorce from my wife of 12 years basis of restitution of conjugalrights  (Read 416 times)

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Offline abbhatta75

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I am married since 2006 with a daughter aged 7 years. My wife had been to my in laws house for delivery of child in May 2011 and since then living there and visiting her matrimonial house oftenly  but we are not on talking terms since 2015..I want to seek divorce on basis of restitution of conjugal rights and cruelty for not allowing me to see my child

I want to know the following
1. Can I seek relief from court to visit my child at third location now (before divorce)?
2. How tough it will be to secure divorce if my wife do not agree to mutual consent?

Offline advjaibansal

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For visitation, you need to file a custody petition. certainly court may fix any other place or children room in family court or any other suitable place for visitation rights.

Restitution of conjugal rights is not divorce, its for the purpose of calling your wife to come and join your company.

You may however file a divorce on the grounds of cruelty. Depends on the drafting and facts of the case, you may win the case. But it may take two to three years. As she is residing separately since long, you may also file divorce on the grounds of desertion.

jai bansal
Advocate, New Delhi
Supreme Court of India
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