wife has pshyological problem and physical custody of the child wife has pshyological problem and physical custody of the child

5 years ago

My wife has pshyological problem. Sometime she get violent and showing cruel nature. I have resigned from my job to give full attention and take care of her but my parents and myself becoming failure. She has showing serial curel behaviour from last Nov 2017.I have a 10 month old child. I want to know who will get the physical custody if divorce will happen. Need Advice.

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client if you prove with evidence about your wife cruel behaviour then court will allow you to take custody of your child. also you can get divorce on your wife's mental illness.
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

Abhimanyu Shandilya

Responded 5 years ago

View All Answers
A.BY law the natural custody of a child below 5 years of age goes to mother unless it is proven that she is not capable to take care, nurture and bring up the child. As you have mentioned that she has psychological issues so in all likelihood you will get the custody of the child.
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

Adv Avdhesh Chaudhary

Responded 5 years ago

A.U will get custody of ur child on the grounds mentioned in Hindu marriage act. U may for divorce on grounds of cruelty. Please call me in of need with details of ur case by getting my contact details from this legal site.
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

Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client, You will get but with consent of court
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

Rajender Prasad

Responded 5 years ago

A.for taking custody of the child you have to prove in the court of law that your wife has a psychological problem supported by her medical certificate. For details pl.contact some family lawyer through vidhikarya.com
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 iconRCR case
Dear Client, Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...
question iconSeparation from Sibling on a legal ground
Dear Client, You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely. Hop...
question iconMy sister is not giving my share from our parents property
Dear Client, If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...
question iconHusband denied expenses for both of us
Dear Client, Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m...
question iconSeeking Anullment of marriage
Dear madam, You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.