Advocate Sparshika Jain

Questions Answered by Advocate Sparshika Jain

Q: Filing contested divorce and child custody from mother

Grounds for Child custody from mother if she has social behsviour disorder and unconcerned ? Rvery person she interacts with remarked her as Mentally absent minded . How court will consider such petition her family background is also not good . No talking terms with neighbors or relatives. Financial source of girls family z only a shop income and her father is paralyzed with one arm . Her mother nd massi was also having some hereditary mental problem but no proof . We have only two prescriptions of renowned neurologist and psychiatrist. A personality development admission slip. An affidavit of apology for misbehaving and to stop negligence for kitchn gas ⛽️ and child care nKindly help how to ensure child custody as it is said for 5 year child custody remains with mother. But our child is not safe in her hands alone we want to get rid of her with child custody to us. Hindu marriage act applies

Advocate Sparshika Jain answered
Hi.. looking into this matter, first we have to file a divorce petition and then we can go for subsequent petition for child custody on the ground of unsoundness of mind. For further provisions, we have to look into the facts and evidences available to us. Feel free to contact.

Q: Regarding Wife's mental harrassment periodically..

My wife is harassing me mentally, she goes out without informing me, she talks to someone privately for hours on asking she says friends, family.she has locked her social media, phone.We don't have physical relationship for 4 months, she fights every weekend, when I am on off.She tries to provokes me by calling me Dalal, hizara, namard and to my sister (separated, staying with our family) and mother Randi. She is making self recording where she says I hit her, and I am tourchering her while crying, says she will suiside, she blackmailing me. I complaint to women cell recently, however,it seems like they refer us to court.She is not even going out of my father's house, ask me if I divorce, I have to provide her shelter.I want to divorce my wife but wants to stay with my kids.please help

Advocate Sparshika Jain answered
Yes we have a remedy available .We can file the divorce in the matrimonial court and simultaneously file another suit for the custody of children on the grounds of cruelty. Also you can file an FIR in the police station against your wife in the police station for threatening to commit suicide.. We can also file maintenance under section 125 crpc. For sequent procedure we have to look into the facts and evidences available. If you need to file a suit you can approach me directly