Divorce on the ground of cruelty for not meeting son

I am 34 years and was married in 2009 in delhi. I am residing in Bangladesh presently want to divorce wife for cruelty for not letting me meet my son. In bangladesh, son was born and she returned to India in 2015 itself. Ive' sent money every month for upbringing of my child and her maintainance she refuses to let me meet our son for over 2 years. I earn around 2L a month whilse she is earning a salary of around 60 K a month. I have the following questions. 1) My marriage was not registered however it was completed as per the Indian Rituals which makes it valid. Since i left India, I do not have access or any records of my marriage. No photographs, no invitation cards, can i file affidavit with divorce petition requesting her to produce the records? What are the landmark judgments for seeking cruelty for not meeting the chiild?

Answers (3)

166 votes

You can file a divorce case on the basis of cruelty as well as desertion. As far as proof of marriage is concerned there are certain ways you can provide evidence in court. You can also file a custody case as being natural father you have if certain duties then rights also.

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124 votes

As you have been sending money for the maintenance of the child you have a legal right to meet your child apart from divorce you can also file a petition for custody of your child as well and claim the same lawfully beimg the father of the child.

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You can file a petition under the Guardians and Wards Act for seeking custody/visitation rights/part custody of your Minor Son from your wife. As long as Divorce is concerned, you would need to show further grounds other than your wife not letting you meet your son, however, this may also be deemed sufficient. Please be adviced that filing a petition under G and W Act will be the best course of action. Therein we can ask your wife to place on record the documents pertaining to marriage.

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