2+ Lawyers are online
Legal procedure to get divorce & get custody of child
31-Jan-2023 (In Divorce Law)
Hello I have been married for 6 years and have 2 kids. Our marriage has seen many ups and downs since the very beginning. My wife (a housewife) has a very aggressive nature and is ill-mouthed. Her terms with my aged parents (70+) have been bad and have specially deteriorated in recent times. Also with me her terms have been bad and there is absolutely no love or warmth between us. I am mostly out of town and in my absence my parents have been suffering a lot due to her behavior. For past few days it's been too much - she won't do anything at home , won't even care for the kids. Would just remain in her room and will keep complaining to her family or I don't know who all. All efforts of reconciliation etc with her have failed. My mother too doesn't want to live with my wife after all the insults made by her. I have finally decided to get separated. My questions- 1. Is this sufficient ground for divorce? 2. Kids' custody 3. She won't vacate my parents house. Is there any legal way?
Do you suspect your wife's fidelity?
Is your child born to you?
If you intend to get separated on account of her illicit intimacy with another man, then a petition can be filed under S.13(1)((i) which states, that after the solemnization of the marriage, had voluntary sexual intercourse with any person other than the spouse.
However, if you are of firm opinion that the child is not born to you, a petition can be filed under S.12(d) which states that the wife was pregnant at the time of marriage by some other person other than the petitioner. The petiton for annulling the marriage has to be filed within one year of marriage.
Helpful?
21+
21+
Adv. Rajaganapathy
Adv. Rajaganapathy
Chennai | 100+ Answers
Chat
I can understand your situation. Feeling sorry for bad marriage life as well. However, simply suspicion (doubt) alone is not enough for getting divorce. You need to prove that your wife is having extra marital affair with some one. If you are able to prove it by producing evidence, then you can obtain on ground of adultery.
With regard to child custody, the Court will consider the welfare of the child predominantly. You have stated that your child is just one month old and that too baby girl, it is pretty difficult to get the custody of child before her age of 5 years. Anyways, you can say that it will be detrimental to the baby's future if the mohter's character is not good.
Helpful?
19+
19+
Adv. Santhana Lakshmi
Adv. Santhana Lakshmi
Chennai | 50+ Answers
Chat
Firstly conform from which religion you are belong,because there are different law regarding Hindu and muslism .(Hindu law And Muslim Law)
If you are belong to Hindu community you should file Section 13 in Hindu marriage act.
If you belong to muslim community then it will be Easy .
Regarding your kids there are some rules you can meet for more information
Helpful?
23+
23+
Adv. Mohd Adil
Adv. Mohd Adil
Allahabad | 25+ Answers
Chat
Dear Client,
As per your query your case fits in the purview of cruelty and it is a ground of divorce.
Secondly child custody is a determination of the court upon the paramount interest of the child and you have prepare your case with all the evidences.
After divorce her legal entitlement for your house dissolves.
In case of further assistance feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
Helpful?
14+
14+
Adv. Tushar Bahadur
Adv. Tushar Bahadur
Lucknow | 400+ Answers
Chat
It seems you got married in the year 2017 only and in the meantime your wife got conceived . Normally you can not file divorce petition within one year from the date of marriage. Having said that there are exceptions to the said rule. it is very clear that you are doubting about the integrity of your wife. You should have talked to her and instead of that you are keeping a secret watch about her conduct. It was partly your mistake as well. It is not too late, that in the interest of child you better thrash out all the nagging issues with your wife by engaging her one to one talk. If it is not fruitful you can also seek the help of common friends or relatives. But if you are not interested then you have no option but to go to court to seek divorce and to prove your charges as well to convince the court.
Helpful?
19+
19+
From what you say, your wife maybe having an affair with the friend. Did you speak to your wife about it? What is the explanation given by your wife? You must be sure that there is an affair and you must collect enough evidence about the affair. If you can establish that your wife is having an affair, you can file for divorce. Regarding custody of the child, the child is too small and you may not get totally custody but only visitation rights. If you are in Chennai, you may contact me for further detailed advice.
Helpful?
10+
10+
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
- Need for India divorce after a Mutual consent US divorce
- Application for issuing directions for transfer of inter maintenance d
- Maintenance after lying in divorce case hjjjkkkk
- Mistakenly filed consent petition under HMA instead of SMA
- I want to get a divorce from my husband because no longer comfort
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
