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Legal procedure for divorce & custody of child
06-Feb-2023 (In Child Custody Law)
dear sir my wife is syko path and lazy goose she cant take any responasblity and not letting see my one month old new born baby and demands to defferent accommodation and try to qurail and manipulate all times and thertens my falls dowry case. not reciving call from past one month before she got govt job she absloutly fine when she got job the things alll changed and she try to controle my all actatives like money caring for yelder in families i dont know what to do my in laws also not leving to see her what to do plz suggest me i cant handle this wife boz of my parents r getting old 1 how can i take coustady of my baby 2 should i leve her r claim my rights baby custdoy and devrous 3 is there eny chance get baby erlier coustady 4 how to prove she is unfit mother in india
You did not mention clearly whether you want your wife to come back or you want to take divorce from your wife.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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Hello sir
U can file divorce petition if she harassed u mentally and physically on that grounds. U have not mentioned all detailed except the period When she left you, u can also take divorce on the ground of desertion. For further details please contact me, I can suggest you more.
U can file divorce petition if she harassed u mentally and physically on that grounds. U have not mentioned all detailed except the period When she left you, u can also take divorce on the ground of desertion. For further details please contact me, I can suggest you more.
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You can file a case in the jurisdictional family court through your Advocate under Gaurdian and Wards Act for custody of the child.You have to fight well and also you have to proof that you are a better guardian than
Your wife.
Your wife.
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Hello Sir,
I just went through the details of your problem. your wife's condition seems to be more psychological due to the fact that she has just delivered a baby.
Nevertheless, to answer your points mentioned above-
1) Firstly you cannot get custody of a newly born infant. you wife seems to hold a Govt job and is financially secure so there is no reason for you to take the child from her. Regarding her psychological condition it has to be proved before court, only if the court finds her incapable of taking care, you can ask for child custody. you have mentioned that she has just got a govt job, then how could you call her a psychopath?
2) Now is the right time for you to be with her, that is, after the delivery of your new born baby. Its not right for you to leave her and ask for Divorce since I don't see any reasonable grounds for Divorce- like cruelty and desertion.
3) As mentioned above you will not be able to get the custody of the infant child. The child is new born as per you, she must be weaning it, so no court will give custody of this infant to the father.
4) Proving motherhood and how fit a woman is for the job is a herculean task. Don't bother to try it right now, as you will not succeed.
Regards
Advocate
I just went through the details of your problem. your wife's condition seems to be more psychological due to the fact that she has just delivered a baby.
Nevertheless, to answer your points mentioned above-
1) Firstly you cannot get custody of a newly born infant. you wife seems to hold a Govt job and is financially secure so there is no reason for you to take the child from her. Regarding her psychological condition it has to be proved before court, only if the court finds her incapable of taking care, you can ask for child custody. you have mentioned that she has just got a govt job, then how could you call her a psychopath?
2) Now is the right time for you to be with her, that is, after the delivery of your new born baby. Its not right for you to leave her and ask for Divorce since I don't see any reasonable grounds for Divorce- like cruelty and desertion.
3) As mentioned above you will not be able to get the custody of the infant child. The child is new born as per you, she must be weaning it, so no court will give custody of this infant to the father.
4) Proving motherhood and how fit a woman is for the job is a herculean task. Don't bother to try it right now, as you will not succeed.
Regards
Advocate
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Adv. Nancy Prince
Bangalore | 25+ Answers
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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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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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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.
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