Legal procedure for divorce & custody of child

In Child Custody Law
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)

160 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.

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