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On what grounds i can file for divorce and child custody


04-Jul-2023 (In Divorce Law)
Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy eventhough we were staying near to laws house before as i was working in Bangalore. i was frustrated with there emotional blackmail i left job and choose job in Kerala. Now my baby is 11 months there parents and wife started allegations from the first month that i am not giving money for baby care. Even my wife is earning and was not contributing to our livelihood so i didn't agree to pay. Now the problem she is not ready to come with me nor allowing to see my baby, she is giving reason as career, she cannot leave job and wants me to come back,Either allowing my parents to look after baby.And they are demanding to stay separately, They are harassing mentally. Please let me know how can go legally to get my child custody. If i can apply divorce please let me know on what grounds.Time doent slove the matter because i have patiently waited 2 years no sign she comeback.
Answers (1)

Answer #1
874 votes
Sir
It is duty to take care of the child even it was with you or some where. It is your morel obligation to look after your wife and children. It is there is in the Hindu Law.

In respect of her behavior. from your facts it can say that mental harassment. On this basis you can move to court.

In case if your want your wife come back in your life you can file a case for restitution of conjugal rights.

If you want child you can file a case under G & Wc and can claim your child. As per rule the child below the age under 7 should be with mother only. So being a natural guardian you can get visitation right over the child.

You can file a divorce under Mental harassment and Desertion ground.

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