Legal procedure to get divorce & get custody of child


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?

Answers (2)


53 votes

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.


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207 votes

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

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