Regarding Divorce issue with wife

887 votes

child custody is depends on income and who will give best future to child and age of chile below 5 year it's hard to gate child custody

if you didn't want to divorce your wife then file restitution of conjugal right case on wife and one imp thing your wife will ask mentanace in that suit then also you can try

Advocate Irfan S Patel LawRato

779 votes

Dear queriest, as per your if your wife desires for divorce let her try by way of litigation / contesting if she proves that the marriage is not sustainable by her point of view then it may happen so if not then what you want will happen, but if she already if don't interested any more in this relationship then what's the use of continuing it unless by counselling if it sorted out then it can help, question of custody depends whether they are below 5 years old and also if they are above 5 years then court shall decide the same

Advocate Dhananjay Ravikant Gangawane LawRato

636 votes

If you and wife are staying separately you can file application for restitution if conjugal rights asking for the wife to return. You can send a legal notice to come back for staying with you. You can also file application for custody of children. Custody is granted by court to either parents after consideration of all the conditions.

Advocate Namita Kanhurkar LawRato

986 votes

Hi

In this case it is advisable that you should retain marital status as there are two dependant minors.
It is just and necessary for there future to save marriage.
Therefore you can claim restitution of conjugal rights through court and maintain marriage bond.

Even after marriage you can get custody of children as per the facts of the case

Advocate Rohit Shaligram LawRato