Procedure to take action if wife is threatening to file divorce


I'm a Hindu and my wife of 6 years is planning to file for divorce due to my financial instability. We have no fight or other family issues but I'm almost broke since 2 yrs and have debt but her family is rich and she is living with them since a year. We have a 6 yr old child. She gave me a year to sort things but I haven't been back on my feet fully and she now has stopped talking and blocked calls and wants divorce although I'm allowed to speak to my son but I fear for worse. I love her too and don't want divorce but want to know my options if it happens. I know child needs mother too and I can't b selfish but can I get unconditional visitation and half custody as my case is weak and they r rich. My boy wants us together but she is not budging pls advice me.

Answers (4)


269 votes

Dear Sir I understand that you are in a fix. It’s always in the best interest of the kids that parents stay together. However, if she files divorce you may chose to contest. It will be difficult for to get divorce on the ground that you are financially unstable. Is the child from first marriage/ love child? As you mentioned that it’s been 6 years that you are married and the child is also aged 06 years. Considering it a typo, you may file the suit for custody once the child is 7 years old. However, could not completely understand your query w.r.t. unconditional visitation and half custody. If you mean to ask whether court may first ask you to pay maintenance and visitation then my answer would be: as I assume that your wife is a qualified professional and capable of earning her bread and butter you may instead ask for maintenance because you are not earning well. Further, custody of the child till the age of 07 years is given to mother and then you may file a suit for custody provided you prove to the court that you are capable of taking good care of the child. The court may also ask the child for his preference to stay either with his mother or father at a very later stage.


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204 votes

You definitely have a right for unconditional visitation and cutsody of your son. But the court would see what is in the best interest of the child and you would have to show that you would be able to give the same if not better upbringing than what your wife or her family can provide to your Son. As far as custody is concerned, you can file an application for grant of custody in your favor by showing that your wife will not be a good mother amogst other grounds.

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161 votes

Dont go any where. First talk her parent and talk to convince her.
Kisi ke samne jhuk jane se agar ghar judta hai to aap jhuk jao.
Kyunki jhuk kar bhi jeet aap ki hi hogi.
Convince her.
Go at her home and talk her nd tell her about all problems.
Samay sada ek sa nhi rahta.
Aap ke bhi acche din aayenge.
Rahi baat unke Rich hone ki to dont be afraid.
Law is equal for all.
Aap marriage counselling kara kar ke unko mana sakte hai and i damn sure ki result accha hi niklega.
Unke wapis aane ke aur ghar basane ke chance bahut jyada badh jayenge.
Go for matramonial counselling.
It is a mediation process between the husband and wife.
If you need any kind of help then can contact me.

Gud luck brother.

218 votes

Hi,

In relation to your query. There are a few aspects you need to understand. The Courts take a very highly reputed view on the institution of marriage and state that parties should remain with one another unless there are irreconcilable differences. After all, you are taking solemn oath that you are bound to one another for 7 lives.


In your situation, what was your financial status before and what is it now? It appears your wife has taken away your children amounting to cruelty and has deserted you which gives you grounds for divorce. However you do not wish to continue with that, so you can seek restitution of conjugal rights where the court will direct your wife and tell her to return and fulfill her duties as a wife. This would be a better approach. But I need more details for the same.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

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