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What are the grounds for divorce and child custody in a marriage


08-May-2023 (In Divorce Law)
Sir, I got married 9 years back and I have a 7 year old son. My wife recently left me two months back, leaving behind my son and this is not the first time. She even left him when he was totally on mother's feed. She uses vulgar language to me and my mother. She even many time lodged false complaints against me in different police stations. Now I don't want to live with her, Can I put a divorce case against her on theses basis? What about the possession of my child as she always left him and don't care about him. She is not capable to raise him up.
Answers (4)

Answer #1
950 votes
Their are multiple ways for this as her incapacity to raise the child is definately seen by the court of law in the benefit of the child .. You can first file a case of restitution if you think thr is a way to mend her ways and gether back if not then you are subjected to cruelty and she can not desert you then you can go for desertion case for you and your son you can file custody case by proving your income and others in favour of your self and in general benefit of child further a better consultation is provide after looking at your documents and case
Answer #2
801 votes
You can file petition for divorce under section 13 of the Hindu marriage Act for getting divorce on the basis of cruelty and you can also claim the custody of the minor child by filing petition before the court
Answer #3
720 votes
U may file divorce petition u.s 13 of HMA on ground of mental cruelty.u shd never hand over the custody of child to her otherwise it would be very difficult fr u to get back the custody of child.u may move aplication against her in police fr harassing u and ur mother..dont ever abuse or rebuke her on phone..she may get it recorded and create evidence against u
Answer #4
939 votes
Yes you can file a divorce petition in competent court of jurisdiction and the same can be file on the basis of cruelty u/s 13 of HMA and according to your question that there are a lot of complaints may be it would be sufficient for divorce. Rest depends on papers . Good luck

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