Wife asking for a divorce does not want to give and need child custody

30-Mar-2023 (In Divorce Law)
My wife has been asking for divorce. We have a child of 1 year age who currently stays with my wife. I don't want to give her a divorce. And if at all, I have to go for divorce, I want the custody of my child. Is that possible ? On what ground, she may file a divorce ? Only problem between us is there is no similar thing between us and we aren't made for each other. We have been staying separate since the birth of my daughter.. She has been asking for mutual divorce. Should I agree to it ? What are the repercussions and benefits of mutual divorce ? If she files a case what are the chances that she will win?
Answers (3)

Answer #1
940 votes
yes you can claim the custody of your child since you are the father of the said child. the grounds of divorce may be anything depending upon the conditions of the relationship. for further details and accurate suggestion a face to face interaction is necessary.

Answer #2
505 votes
Since you realized that there's nothing similar between you and her and you are not made each other, there's no point in keeping the relationship alive. From the legal point of view, a divorce case by either of the spouses may be filed in various grounds as cruelty, desertion, adultery, has been converted to another religion,has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition, has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy, had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form, has renounced the world by entering any religious order, has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive, has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party, has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree. If your wife files the case against you and if you contest the same, anybody may win the case after years of legal battle, and the party aggrieved by the order may prefer appeal against the order, hence it is almost a never ending process, hence going for mutual consent divorce is less expensive, less time consuming, less harassive process. Whatever be the divorce situation, you can always pray for custody of the child by filing a simple petition before the Court, it's as such easy. All the best. Regards
Answer #3
896 votes
Instead of dragging a dead marriage it is better to get rid of it. Since you have already stated that you guys are residing separately for almost a year and my suggestion would be going for a mutual divorce(if at all you guys mutually agree to it). The benefits are that the process of mutual divorce is hassle free and not much litigation is involved also it helps you get a garb to avoid maintenance(under section 125 CrPC) and other alimony demands of the wife.
If the application is contested, that it, not mutual, hence the burden of litigation lies upon both of you equally and it is not possible to determine the chances of win of either side beforehand.

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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