Matrimonial issue
2 years ago
I was married on May 2019, After wards i went for sweden for official purpose on sep 2019. Mean time my wife was pragnent and she went her house on oct 2019. During that 4 months we live together with her mother on my house, that time lot of family issues. I was returned back to india on Nov 2019. After that I tried to contact her but she not willing to talke with me. Feb 2020 she delivered our baby but she did't inform to me, after 10 days through our relative only I know that info. As a father of child i tried to see the new born baby but she did't show me for 6 months, After long convinece i seen my baby on Sep 2020, On that moment i went her house for 2 weeks once and seen our baby. I tried to bring her and my daughter to my house but she did't come to my house. Last May month in her house she and her family startred fight with me because they not willing to send her and my baby to my home. Again from may they not allowing to see my baby. Also my wife blocked my contacts from OCT 2019, so not able to contact her. I need to get divorce and get child custody. Please help me the legal advice
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Mahila help line jaaye. Udhar aap ka paryash kiya jaa sakta hai.
Divorce sabse baad ka vikalp hai. Daughter ki custody ki court mother ko importance degi. Kyonki daughter ke liye 13 years tak mother ko custody ka right hai.
apko milne ki permission mil sakti hai.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
At present you can apply before the District Judge through Petition under Section 9 of the Hindu Marriage Act,1955,as amended up to date for Restitution of Conjugal Rights for direction upon your wife that she should live with you along with the baby daughter and the Court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights.
You must first file a mutual divorce suit and then a custody action for your kid, both of which will be determined by your religion because various laws apply to the sale. However, in the event of custody, the courts have the last say in determining who will be granted custody, according to the Gardians. If you do not wish to divorce, another option is to file a section 9 HMA action for recovery of conjugal rights. The mother has always been deemed the finest and most appropriate guardian of the kid by Indian courts. According to the customary rule, the father, as the natural guardian, is granted custody of a boy or a spinster girl under the age of 18 and over the age of 5.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Initially you have to file a suit for mutual divorce and afterwards suit for the custody of your child both of which will depend on your religion since there are different laws regarding the sale. In the case of custody however, the courts have the final say with regards to the fact that who will get the custody according to the Gardians . Another way filing of section 9 HMA suit for the restitution of conjugal rights if you do not want to have divorce. The Indian courts have consistently held that the mother is the best and most appropriate guardian of the child. The father, as the natural guardian, is awarded custody of a boy or a spinster girl under the age of 18 years and above the age of 5 years, according to the usual ruling adopted by the Courts.
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