Divorce and Separation
5 years ago
My child is 2 months old . My wife who is a complete house wife but don't seems to assist in household work and also not satisfied with my earnings and often abuses me by my mother in law.
She also breaches the privacy of husband and wife. I cannot bear this further and want to be separated in any circumstances.
Can I get custody of my child ?
How can I get a separation ?
A.Dear Mr Podder,
You have to decide what you want.
Whether you want Separation or Divorce.
Divorce with mutual consent is faster and can be done within 6 months.
You can not have child custody till child reaches 18.
Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Guardianship Under Hindu, Muslim, Christian And Parsi Laws: Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years.
But, you can visit rights and visit the child in the presence of mother as per the direction of the court.
Shanti Ranjan Behera
Advocate
You have to decide what you want.
Whether you want Separation or Divorce.
Divorce with mutual consent is faster and can be done within 6 months.
You can not have child custody till child reaches 18.
Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Guardianship Under Hindu, Muslim, Christian And Parsi Laws: Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years.
But, you can visit rights and visit the child in the presence of mother as per the direction of the court.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client you can not get child custody until his age of 5.if you want separation then you have to pay alimony for her and child. kindly contact family court lawyer.
Helpful
Helpful
Share
ROBERT D ROZARIO
Responded 5 years ago
A.No you won't get the custody of your child until the he/she attains the age of 5 years. Beside once you go for judicial separation or divorce, you will have to provide maintenance for both the child and your wife, which will be an extra burden on your shoulder. Keep in mind, going to court will trigger counter false cases by your wife against you. My suggestion, whatever difference you have better try to work out amicably with your wife.
Helpful
Helpful
Share
Rajender Prasad
Responded 5 years ago
A.Dear sir, the facts you mentioned are not clear. For details, pl. contact some advocate through vidhikarya.com
Helpful
Helpful
Share
Vishwabandhu
Responded 5 years ago
A.Dear Client Tell Me
1 if u or she has filed any case in Court ?
2. Has she made any complaint to Police till now ?
1 if u or she has filed any case in Court ?
2. Has she made any complaint to Police till now ?
Helpful
Helpful
Share
A.Better earn more and give them sufficient alimony till the. It is very difficult to get divorce. Court will ask how you will manage the child.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.Dear sir u should solve it peacefully. Because u have children. U should take some time to the Ur wife. If you send legal notice then it will be affected on Ur life
Helpful
Helpful
Share
VLN Prasad
Responded 5 years ago
A.First you should give a legal notice through lawyer, then basing on the reply from other side you may approach court for remedy. You may ask child custody, but most of the cases mother is getting rights for child custody, being she is a natural guardian. If child wish to live with you, then only you may get rights
Helpful
Helpful
Share
Read Related Answers
Divorce planning due to extramarital affair
Dear Client,
Yes, you can go without her.
Actually it depends how quickly you would like to finish the case.
There is no set standard rules with regard to number of times.
But it can be solved otherwi...
Divorce
Dear madam,
File maintenance case and domestic violence case. If necessary file 498 A CRPC case
Need Advice ..
U should file RCR petition. And send legal notice through lawyer
How to file a divorce petition?
Yes you can file a divorce petition and you will have to have a reason for filing the case. You can site mental cruelty as one of the reasons.
Domestic voilence
Dear Sir
Just file series of cases against him
Read Blogs on Divorce and Separation
Divorce and Separation Lawyers
Find Lawyers by Location