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Bi live in US and me and my wife were having issues in our marriage, and one day she left with our 5 month old son to india without telling me and we both agreed on mutual divorce and shes texting me about thinking to coming back but i still want to divorce her and have a joint custody of my son, please suggest on how to proceed
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PTake divorce ,best advice , walking away should be the last option not the first one , also ask her why she walked away and why now to reconcile and in all these future always be civil to her , the child is already broken into two homes ,it doesn’t need two parents walking opposite abusing each other .
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UOnce agreed to divorce, it’s done.. mutual or not doesn’t matter ….
But never reconcile… It’s a trap…Her secret plan didn’t work out, so trying to come back…
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VLawyer from delhi here!
That could be easily done. As she has moved out, you can file for divorce on the ground of desertion.
Regarding custody, that will not be very hard to be get.
Just a piece of advice, hire a good lawyer!
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PIf she has agreed for Mutual Consent Divorce, go ahead with it by filing it from India (based on jurisdiction). If you don’t want her to get back to you, you need to talk to her and understand what does she mean by thinking of coming back. Is she sending those texts so that she can make allegations against you that you are not letting her come back to your company?
More over it’s only been a month that she has separated from you, you may have to wait for some time (without knowing all the facts, it is difficult to assume the grounds, if you have to file contested divorce). You can communicate with her through emails or messages asking her the reasons for leaving the matrimonial home without informing you. Be aware that written communications can be used by either parties in the court proceedings. So, choose words wisely not to put yourself in any trouble.
The grounds and procedure for contested divorce can be understood from here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
Mutual Divorce will be easier on both the parties. However make sure that you file and get the case settled in India. If you try to get the divorce done in India, and if your wife hasn’t participated in it, the courts here will not consider that decree. Your wife can file other cases on you. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification you can consult us [https://g.co/kgs/E2hEa9f](https://g.co/kgs/E2hEa9f)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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VIf you will come to India then you will be stuck in N cases. India is a place where from judge to peon , everyone will snatch your penny.
Coming to your bitter half, she is going to create problem in future. She might have got some ill advice from lawyer and based on that she might come to you to create evidence.
Do not show all your cards to her, you need to handle with it most care and slowly slowly agree her for mutual consent divorce.
All the best -
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