Divorce child custody - I am hindu male married for 8 years
2 years ago
I am hindu male married for 8 years,we have a son of 5 years 4 months,wife is harassing by rude behavior and depriving of physical relation since marriage,now no physical relation since one year,now she took child to her home,and not ready to reconcile,asking for child c and property,not agreeing for mutual divorce.
Should I file divorce from my side,what about custody as child's school has started and he is losing classes,how much time does court takes to grant custody apart from divorce?
Plz guide me
Vaidehi Samant
Responded 2 years ago
A.You can file for contested divorce but please note that contested divorce is time and money consuming and may lead to counter over counter in respect of allegations and multiple cases like maintenance, custody of child etc. Also your wife may file for interim maintenance for her and the child during the case pendency so it is up to you whether you want to go through all this and not the least but your child is the one to suffer emotionally in to all this so see if you and your wife can come together to some common terms atleast in respect of the child and decide accordingly. May be you can convince you wife to atleast visit a child psychologist to understand the issues regarding child and work accordingly and also if possible you both can visit marriage counselor to check the exact issue in your married life before you jump to any extreme conclusion. Thank you.
Refusal to have sex amounts to mental cruelty. File for divorce on the grounds of mental cruelty. A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody. Notably, in child custody cases non-custodial parent seeks the custody/guardianship of the minor child. Such petition usually takes longer time and thus application for Interim or Temporary custody as well as Visitation Rights can also filed by the Non-custodial parent.
Hope this clarifies your query and requirement.
Thank you.
You can file divorce on the ground of your no access to her and denied bliss of marriage. However, you will get custody of child if you can establish that you are able to spend money for higher education.
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