How to apply for divorce an get child custody when wife does not agree

829 votes

hai
reasons for divorce are to be specific n must be suported by law n facts. in ur case ur query seems u no longer want her company bt liks to hav the kids with u.
for considering divorce its mandatory tat i need ur life n way u two lived so far n the point that made u seperate the core factors n other things. so tat needs a direct talk with u. but further it needs ur presence too TO SOME EXTENT.
regarding kids company eventhough the court considers several matters including how the kids need ur company n the way they r to u, i can assure you tat court will grant time n also to interact with u. Higher chanz tat interim custody to sone extent too. but i can conclude those after a direct talk.
ur queries have legal remedies n i think its time to meet ur lawyer in ur jurisdiction
hope am upto ur query

Advocate Manoj George LawRato

660 votes

You can move the family court for divorce and child custody.
but the court will not grant child custody,unless you are readily available in india.
Please contest the MC case
for filing divorce, please execute a power of attorney

LawRato LawRato

758 votes

Dear Client,
You may file an OP for custody of the kids, before the Family court of your area, from your wife, along with a petition for visitation rights. The main problem of the Guardian Op like this is that, it will affect the mind of the child, since you are dragging unnecessarily the child to court and it will lead to some problems to the parent, who file this OP.So be careful and proceed. Always it is better to allow the kids to be with their mother since they reach the age of maturity, on attaining maturity the kids can decide. with whom they like to reside. Any way you can press for visitation rights at first later you can file petition for sending the kids with you for vacation(with in India only). So all the best.

Advocate Sachindas P LawRato

865 votes

You can move the concerned Family Court for getting custody of your children. The court will pass orders considering the welfare of the children. Further you can also move the court for dissolution of the marriage on the grounds of cruelty and desertion. Pertaining to M.C, I assume it is for maintenance. If so, you are liable to maintain your children. As for wife, if she is not earning and is living separately with justifiable reason, you have to maintain her also. Of course, you can contest the case if there are sufficient grounds and also on the quantum of maintenance.

Advocate Joemon Kunnath LawRato