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Q. Divorce and Separation

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AYAN PODDER

posted 9 months ago

Q.Divorce and Separation
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 ?

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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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

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 9 months ago

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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.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 9 months ago

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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.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) Dear sir, the facts you mentioned are not clear. For details, pl. contact some advocate through vidhikarya.com

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Vishwabandhu

Experience: 38 Year(s)

Responded 9 months ago

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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 ?

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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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.

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AYAN PODDER

Replied 9 months ago

I am working in a pvt firm and have no option to earn more. I have other expences also such as house rent etc. My wife is very much aware of these facts .
What will be my fate ?

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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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

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VLN Prasad

Experience: 19 Year(s)

Responded 9 months ago

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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

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