Legal procedure for divorce & custody of child

My Wife left house in feb 2017 .she left my elder daughter with me. We are in contact through ph till aug 2017 . Neither she planning to come back nor she is giving me divorce . My daughter is 4.4 yr old she never spoken to her in one yr and not in touch. From May month i am taking care of her education and upbringing .if I file divorce case whether child custody can I get ?My daughter is staying with my mother or I need to wait till 5 yr to complete. Also it may be the moment I will put divorce she can file me divorce .She has my SMS which in anger 1 yr i send her on ph when she deserted . What is the impact can police can arrest me if she file dv against me?I year back i have given legal notice to bring her back but she made fun of that.

Answers (1)

224 votes

In this case you can file a case for divorce on ground of cruelty, further you need not wait for the child to complete 5 years as till the case come for hearing the child would be more then 5 years, further as you had also issued a notice it will help you, further there will be no arrest in domestic violence case only thing is if she files you have to engage an Advocate to defend you.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

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 and has been responded by one of the Child Custody Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

I have 2 sons aged 3.5 & 2. My husband & I married 6 years ago. It's a love marriage. My husband after our second child changed A lot &…

Read More

My wife and her family take my 4 month old baby girl with her forcefully. Can I get back my baby?…

Read More

My son and his wife have strained relations. Now she wants to go to her fathers home with her two kids and later have divorce. Can she take the kids a…

Read More

Hi i m planing to take divorce as my husband has never taken my responsibility its 5yrs of marriage n i have a 2.5yrs daughter . we will tk mutual div…

Read More