quesProcess to get divorce from wife.

What's the process to get divorce from wife because she tourched me physically and mentally.. Even we having 1 daughter of 3 year old and 1 son of 4 year old. I am ready to take custody of both the child or one child, its depends upon Court decision. Please provide me solution? She is also wiling to divorce me?

  • ansSIR,

    If wife and Husband both are ready to get divorce mutually, you both can file divorce petition under section 13(b) of Hindu Marriage act, after statuary period means after six months you can get decree of divorce by the family court.

    Advocate Shashikumar K

      Cunningham Road, Bangalore

  • ansI suggest you to file a Mutual Divorce Petition before the Jurisdictional Family Court since you both wish to get separated each other legally. You both sit together and finalize about your settlement terms i.e., Monthly Maintenance/Permanent alimony, if any, and permanent custody of the children, visitation rights etc.. and thereafter with the help of an advocate you file a mutual divorce petition for divorce which you need to wait only for 6 months from the date of filing of the Petition and on the expiry of 6 months the court will grant a divorce.

    Advocate Jagadish N

      Adugodi, Bangalore

  • ansIf both are not willing to continue the marriage and have decided to end it, then you can file a divorce petition under mutual consent, it is much easier and will be granted in 6 months. But the important criteria is that both of you must have been residing separately from each other for a minimum of 1 year atleast.
    as regards custody of your children, if your wife is also employed then she can seek custody of a child, on the other hand if she is unemployed and one of the child is dependent on her (love and affection), she still will be able to get custody of one child.
    If you are able to convince the court that you will be a better father than the mother, court can decide to give you custody of both children.

    Advocate Kiran N Murthy

      Indiranagar, Bangalore

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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