LawRato

Wife want divorce and child custdy how to stop her doing so


In Child Custody Law
I dont want the Divorce. But My wife wants a Divorce from me and also want Child custody as well. I have two kids [Daughter: 4.5 yrs and Son 1.5 yrs]. Now she live in her parent house She even dont allow me to meet my child regularly, she dont want that i will pay the payment of my child schooling. In nut shell she want that i can meet my childs in an month. Can you pls advice where i stand and how can smooth the things?

Answers (4)


123 votes

For calling your wife you must file a petition under section 9 i.e. Restitution of Conjugal Rights. And for taking custody of your children you must file petition under Hindu Minority and Guardianship Act.


Googling your legal issue online?

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

LawRato
322 votes

Hi,as your query is concerned,under guardianship laws mother is allowed to uphold the custody of child of aged 5 years.However,you can move an application to the court for allowing the regular meeting with children.You can also move an application for conjugal rights.

Popular Child Custody Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience
182 votes

You can file petition under section 9 of HIndu Marriage Act for conjugal rights. Also you can file for custody and visitation of kids. This case will also help you in meeting your kids as per the directions of the court i..e every week plus you can pay their fees etc. by mentioning the same in the court. Please dont worry. Let her come to court and file her reply. The mediation process in the court will also help you. But your petition is to be drafted and filed by an experienced advocate. Please take my number from Lawrato to discuss the matter in details

231 votes

without grounds no one allow to get divorce. you have full rights to meet your child at any time and as many number you can. you can claim the custody of your children if you are capable and able to maintain.


Report abuse?

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 Child Custody Lawyers at lawrato.com 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 lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


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



Related Articles