Divorce and Child custody procedure for NRI

998 votes

Hi,

You can file a suit for Divorce in the concern family court on the basis of cruelty .
In regard to custody of the child you need to show how your child have better future with you and the child is willing to live with you..


Thanks

Advocate Ramit Sehrawat LawRato

546 votes

It's good you are enjoying the custody of your child. There are certain legal grounds for divorce but in your absence they seem to be a absent. Unless your wife agrees I. even mutual consent, divorce is difficult.

LawRato LawRato

965 votes

Looking to above facts I hear by give my opinion as under. As per the story your son is residing with you in that case custody of children is not required. For divorce with your wife who is residing of India. you may file divorce petition before the territorial jurisdiction of your residence per for ground of desire son or as per the provision of Hindu Law that you are not residing with your wife more then 2 years. You may file conjugal right petition before the family court.

Advocate Riyazali Liyakatali Saiyad LawRato