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Should child custody be applied for along with divorce
01-Jan-2023 (In Divorce Law)
we are hindu,after 4yr of voluntary separation by her got MC&DVC.Kid of 5+yr with her only in another state.From RCR&divorce what should I file?which is +ve for me?pls suggest.we dont have intention to stay together but no idea on how she reacts to RCR?but also pls tell merits n demerits if file "both RCR & divorce" or if "divorce only"?she is PG & worked before marriage.Should I also file for Child visitation & Child custody as part of Divorce or as separate petitions. which is preferable?Pls let me know merits & demerits and suggest me what to do?
Hi
Child custody should be filed as a separate petition under Guardians and Wards Act 1890 in the court having jurisdiction in the District.
Since your wife has already filed for MC and DVC, it is better to go for Divorce on the grounds of cruelty(filing dvc amounts to cruelty).
Child custody and divorce are 2 separate petitions (though many a times it will be the same court having jurisdiction to decide custody cases and divorce cases)
Child custody should be filed as a separate petition under Guardians and Wards Act 1890 in the court having jurisdiction in the District.
Since your wife has already filed for MC and DVC, it is better to go for Divorce on the grounds of cruelty(filing dvc amounts to cruelty).
Child custody and divorce are 2 separate petitions (though many a times it will be the same court having jurisdiction to decide custody cases and divorce cases)
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Concerned,
Firstly you have not briefed about the status of Maintenance and Domestic violence case. Any ways you asked what could be the best strategy for you to adopt…. With my all experience I would recommend to first file a suit for taking custody of your child, then wait and watch how your wife responds to it, based on her reaction we can decide whether to file a Divorce or seek RCR.
Firstly you have not briefed about the status of Maintenance and Domestic violence case. Any ways you asked what could be the best strategy for you to adopt…. With my all experience I would recommend to first file a suit for taking custody of your child, then wait and watch how your wife responds to it, based on her reaction we can decide whether to file a Divorce or seek RCR.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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Sir, really I can't understand your query
If she lived separately for four years (as U said) from you it is a best ground for filing divorce on the ground of desertion
If U want to live with her file RCR
For child custody U have full rights for filing custody petition separately or along with, it is ur choice,
If any circumstances proved that there is any threat or other harm in ur custody, otherwise U succeed in custody petition
If she lived separately for four years (as U said) from you it is a best ground for filing divorce on the ground of desertion
If U want to live with her file RCR
For child custody U have full rights for filing custody petition separately or along with, it is ur choice,
If any circumstances proved that there is any threat or other harm in ur custody, otherwise U succeed in custody petition
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Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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