Can I file for divorce while living in the same house, who gets cutody

771 votes

1. your daughter will decide wheather she will live with you or your wife because her statement will be recorded in the hon'ble court.
2. Yes you can file a divorse with mutual consent of both you will not be liable to pay maintenance

LawRato LawRato

735 votes

Yes you can file divorce.
You need a custody of your daughter so you can filed a cusody case at concerned family court, court will also ask to your daughter where she wants to stay with father ot mother.
No issues you are staying together at same house you can file divorce case.

Advocate Amrut Vishwas Tigade LawRato

716 votes

Hi

You can file divorce petition before the family court.
We can show separation in the same house for the benefit of the minor

Kindly contact me with detailed facts about your case so that i can advice you in a better way

Advocate Rohit Shaligram LawRato

608 votes

Yes. Marriage Petition can be preferred by staying together and there is no any precondition of Hindu Marriage Act, 1955 that parties should stay separately. The requirement of Law would be no any cohabitation between both the parties and thus staying together in my opinion would not be the bar to file matrimonial proceedings on the grounds as contemplated in the said Act of 1955.

Advocate Vaibhav Prakash Patankar LawRato

739 votes

As you both have decided to be separate, till you both will be required one year for separation, up to that you can live in one house. You both are now to be matured,unfartunatly u are spoiling your valuable lives of both u due false impression or egos of about you selves, being human beings and not animal's it is your moral responsibility to care about your 14 year's tean aged girl child who is going to face her life's first hurdle being with in such condition with her you are considering about your egos, being a girl child if any cruel person like u take undue advantage of her, nothing win happen but she will spoil her life without seeing the world!why society should not file case on both of u for spoiling one innocent life. Your wife going back at Kolkata at her parents, whether they survey for their child for their full life.recent judgment of supreme court parents also right remove such children from their house.even court will also objections about your decision. ,sorry for giving straight forward decision.

Advocate Vijay Kalu Wani LawRato