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me and wife are not talking thgh we live in sme house n i need divorce
08-Jul-2023 (In Divorce Law)
Hello, me and my wife are not talking anymore though we are living in the same house for more then 1.5 years now and i do take care of all house expenses, homeloan emi etc. I want divorce because she is very disrespectful to my parents and other family members neither she talks or ever visit them. I want divorce but i need my son's coustdy and don't want to give any maintenance to her. She was working for past 11-12 years before our marriage and couple of years back she left the job she does own a networking marking business where i invested 4.5 lakh for her. Please guide me how can I get divorce and son without giving any maintenance or alimony to her
That can be possible through mutual divorce where you both can execute a settlement deed in which the terms & conditions can be written. The custody of the child can also be mentioned in the same deed. And one more para can be added that is no exchange of money. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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You can file a divorce petition on the ground of cruelty as enunciated under section 13 of the Hindu Marriage Act. Disrespect towards husband and aged in laws tantamount to cruelty and forms a ground for seeking divorce.
So far as custody is concerned in India father is a natural guardian of the minor child. However till 5 years the guardian is mother. For deciding custody the court will see the welfare of the child.
Maintenance would depend upon various factors like education of parties, income, standard of living etc
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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You can file for divorce on grounds of mental cruelty.
Another ground for divorce is wife not allowing physical relationship.
The right of custody of a Hindu child is dealt by the Hindu Minority and Guardianship Act, 1956 together with the Guardians and Wards Act, 1890.
The custody of a child below the age of 5 should be given to the mother
The ultimate rule for granting of child custody is that such custody should be in the ‘best interest of the child’
Maintenance is awarded based on following two grounds
the husband has sufficient means; and
“neglects” to maintain his wife, who is unable to maintain herself.
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Adv. Kunal Seth
Delhi | 700+ Answers
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Hi
The best way forward is to file for a divorce by mutual consent. It will give you the chance to negotiate and proceed as per decided terms and conditions. The matter of custody and maintenance/ alimony can also be decided prior to filing of divorce.
Regards
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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file for divorce and when issue of maintaince comes show her proof of earning ... in the meanwhile gather all proof of her earning and her cruel and disrespect acts towards you and your son ..by doing that you can file for divorce and avoid maintaince and get child custody
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Adv. Rohit Manan
Delhi | 100+ Answers
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