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Procedure for divorce and child custody in case wife mentally instable
13-Nov-2023 (In Divorce Law)
Dear Sir Below points narrate my situation/queries: 13 years plus for marriage 11 year son Wife has mental instability and unfit to take care consistently of family Left wife at her parents home Son with me abroad and not willing to meet his mother In-laws/wife not ready to separate and have filed police complaint that my parents have taken away son with them in laws not ready to accept their daughter's negative points (as always it is) I need divorce as there is no future with my wife for me and son. I am not sure if it is safe to come to india with my son. Advise me how to protect my son;s custoday with me and get divorce and how easy/tough it is to get divorce?
You’ll have to file for divorce in the concerned family court under the grounds of mental instability. Considering your wife’s condition, the custody of the child will behest upon you and also you are the legal natural guardian. Contact me for legal representation
Helpful?
Adv. Sahil B Trivedi
Ahmedabad | 25+ Answers
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If you can prove that your wife has indeed an incurable mental disorder and not periodic or lunatic, then there's a chance of divorce. Generally divorce becomes easier by mutual consent.
2. If your son is more than five years old n your financial position is more sound n stable court may order custody in your favor.
3. Unless 100% sure, not safe to come back to India.
4. Without much details I can advise you this much only.
2. If your son is more than five years old n your financial position is more sound n stable court may order custody in your favor.
3. Unless 100% sure, not safe to come back to India.
4. Without much details I can advise you this much only.
Helpful?
Dear
I have read ur queries as well as ur situation.So on ground of mental instability u can file ex-party divorce petition in court and also u have to provide evidence in court and if she is nit able to protcet child costory or she is also unable to maintain child u will easily get costody of ur child but we have to put out part properly
I have read ur queries as well as ur situation.So on ground of mental instability u can file ex-party divorce petition in court and also u have to provide evidence in court and if she is nit able to protcet child costory or she is also unable to maintain child u will easily get costody of ur child but we have to put out part properly
Helpful?
Adv. Prashant Chavda
Vadodara | 100+ Answers
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