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Mutual Consent Divorce by restraining parental rights


04-Oct-2023 (In Divorce Law)
Hindu.4.5 years married. 3.5yrs old son. My wife left marital home and moved to her parents home in the same city citing mental torture. She is an anxiety patient 2-3 well before the marriage. She still exhibits anxiety/depression. She is not letting me meet my son. She asks me to meet him in her society park for an hour max on a weekend. Last visit even though planned she created a ruckess by not answering my entry request and when i somehow manage to see them by convincing the security as son in law she denied my entry and escalated on security personal. After I recorded & confronted her actions she is asking me to file for mutual divorce yet again restraining me of joint custody or appropriate parental right for 3.5yr old boy child and asking alimony amount. I'm okay for divorce but I want appropriate parental right like spending weekends & a week outing 4-5 months. Also her alimony demand is almost 50%-60% than my total liquid savings.
Answers (3)

Answer #1
567 votes
Dear Sir, You can file child custody case and get sufficient visitation rights. Further you can claim permanent child custody and also can claim divorce without any alimony since she committed cruelty and deserted you with children without any reason and cause. You may file divorce case in Bengaluru city but child custody case has to filed where the child now residing.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
833 votes
like this situation you can file g &w c petition to get coustdy of children then you can get in visting rights to your child better immediately you can file and same you can file one more petition conjugal rights your protect if she file 498a regard
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Advocate Shankar Bandi

Adv. Shankar Bandi

LawRatoBangalore / Bengaluru | 400+ Answers
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Answer #3
865 votes
hi sir, since there are differences between you and your wife, if both are ready for mutual divorce. then the matter is child, if the custody of child is with mother then you can ask for visitation rights of your child during mediation. for filing divorce petition and for any legal assistance kindly contact me. thanks
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Advocate Suma BK

Adv. Suma BK

LawRatoBangalore / Bengaluru | 100+ Answers
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