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I want divorce from My wife but she not aggre.
13-Feb-2023 (In Divorce Law)
Hi,
I am married since 2011 , That time my age was only 19 ,My wife was 20 year old .When I married I was under age.I have one Daughter she is 3.5 years old .After 2 or 3 years ,She started fighting with me & my parents ,She goes every time her parents home when she fight with & my family.It it has been done 5 or 6 time .She lives there 3 ,6 or some time 1 year ,I used to take her back after long fight with her's parents .Now yesterday she gone again her parents home.Now I want to file divorce but she is not ready .She has also filed police complaint against me for domestic violence before 3 months ago ,she withdraw the complaint same day.But this time is enough is enough ,I don't want to live with her .
I was depressed Since last 3 months ,I am seeing phychastrist.Now I started feeling better again the she again done same.
Please advice how to file divorce against her How can I get custody of my daughter.
Please help
you can file divorce petation against your wife and seek for divorce. after she appears in court judge will send both of you for a mediation and counseling were, it is tried to resolved the issue between both of you. still if it dosent work matter is contested and you can get divorce degree upon proceedingwith the matter. but for this you need to engage a lawyer. further till your child turns 7 years the custody will be with your wife only and after seven year you can apply for custudy.
Helpful?
Adv. Narendra Sharma
Navi Mumbai | 25+ Answers
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First of all you should calmly go through the contents of her DV application and her police complaint and after that file divorce petition on the ground of cruelty. Also have in your custody all her educational and qualification details.
Helpful?
Adv. Manoj Mulchandani
Nashik | 500+ Answers
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Hi,
First Step is sending legal notice to her by stopping your conjugal duties towards her.
If she fails to reply this notice or doesn't agree for mutual consent divorce notice then we can file contesting Petition for divorce against her and can claim interim custody of child. (permanent Custody depends on age of child)
There is no need to go in depression. Divorce can be obtained on the grounds of mental Cruelty.
First Step is sending legal notice to her by stopping your conjugal duties towards her.
If she fails to reply this notice or doesn't agree for mutual consent divorce notice then we can file contesting Petition for divorce against her and can claim interim custody of child. (permanent Custody depends on age of child)
There is no need to go in depression. Divorce can be obtained on the grounds of mental Cruelty.
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Adv. Harshad Garud
Pune | 200+ Answers
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