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Wife Staying Seperate and In Custody Of Child


05-Apr-2023 (In Divorce Law)
Hi I ve been Married for 14 years, have a 13 year old son, right from marriage my wife had issues and find reasons to fight to be with her Mother, inspite of several mediations temporarily she would agree and stay but later create an issue and ask for separation or divorce I continued only for my son, she made me invest jointlyin 2houses,separated me from my parents who are dependent on me she is well educated and earns quite well she made her mother stay with us now she asked me to move out after constant insult not taking any marital responsibility and even instigating my son against me, out of frustration I agreed to her demands of separation there are 2 houses one which I pay EMI other which we jointly paid till separation, where she is staying now, she is not allowing me to meet my son or enter the house which is jointly owned initially she wanted mutual divorce with a condition that I forfeit my investment in the house now she is demanding more money let me know what to do
Answers (3)

Answer #1
974 votes
you have a complex issue which needs proper understanding of the matter at hand. It is essential that you provide a brief conspectus of the facts of the case so that I can assist you better and provide you with a road map to help you proceed further.
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Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

LawRato Mumbai | 100+ Answers
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Answer #2
506 votes
The circumstances which you have narrated about the approach of your wife towards your marital ties with her and demanding more money for mutual consent divorce , I think that you should file for contested divorce on the ground of cruelty and shall also ask for custody of your child.
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Advocate Mukesh Vasant Shinde

Adv. Mukesh Vasant Shinde

LawRatoThane | 400+ Answers
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Answer #3
728 votes
Mutual divorce is only possible if both of you agree to get separated and on certain terms and conditions agreeable by both of you mutually. Otherwise, you have to either go for contested divorce or if you do not want divorce but the custody of your child, you can file an application for child custody. Mutual divorce is the quickest and easiest way if you wish to get separated. However, you both need to settle down on mutually agreeable terms.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
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