90,000+ Legal Questions Answered

Family Problem Family Problem

3 years ago

My marriage has been going on for about 2 years, my wife quarrels over small things and keeps going to her mother's house.
We also have an 11-month-old baby Boy. I want a divorce. What can happen
Who can get custody of a child after divorce?

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.There are many ways to handle divorce and each case requires details to prescribe solution.
same with child custody because in maximum cases, mother gets custody of child however there are exceptions and how it is handled.


Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can file a case stating mental cruelty as a ground for divorce. You can also file case for custody.
However, generally, the custody of children below the age of 2 years is given to the mother, in most of the cases.
You can cite your reasons before the court for taking custody of your child in your favor.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
You can file a divorce case stating mental cruelty as a ground for divorce.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhijeeth Gadiwala

Responded 3 years ago

A.Sir we can file for divorce and custody can at this point will be given to mother but we can get visits and after the boy is of age we can get custody but there are mitigating factors such asif yourwife could look after you boy pay for education etc
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 3 years ago

View All Answers
A.Hi,
You can obtain divorce by two ways either by mutual consent or by contested one.
But the custody of the child will remain with your wife as he is a minor or below 5 years age.
Thanks
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
You can issue a legal notice to your wife under RCR, if she doesn't reply or come back to live with you then you can file a Divorce Petition in the Court.
Child custody will be given to mother
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMarriage problem
Dear Sir, Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
question iconMy wife hardly stays with me what should I do
Dear Sir, First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
question iconDivorce case
Dear Client, In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
question iconHusband harrasment
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
question iconMental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam, Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.