Strong reason for divorce and child custody
4 years ago
Hi .. I'm married from last 11 yrs and have a 6 year old son. mine was a love marriage with a Gujarati man and I'm Punjabi . it was a love cum arranged marriage but from the very first month of marriage I'm facing problems and it still persist basically not getting any respect and support from my marriage so want a divorce and need a strong reason to frame this divorce and wanted to know how can I get my son's custody
A.r u guys residing seprately
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A.Dear Sir,
You may take divorce on the grounds of cruelty and desertion if any.
Thanks.
You may take divorce on the grounds of cruelty and desertion if any.
Thanks.
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Shreyash Mohta
Responded 4 years ago
A.Ma'am,
The grounds for divorce are several.
1. Adultery
2. Cruelty
3. Desertion
4. Impotency etc
In your case, you can use cruelty as a ground for divorce along with add the torture of in laws.
You can file a Divorce Case with 498A [Demand for Dowry] and Domestic Violence u/s 12 of the PWDV Act which shall support your divorce case.
For such you will require the expertise of a good lawyer who is proficient in handling Family Disputes.
OR
You can also opt for a mutual divorce whereby such hassle is not required provided that yours was a love marriage. It is advised thatyou opt for mutual divorce and settle all such claims regarding :
1. Payment of alimony
2. Distribution of Asset and Liability
3. Maintenance
4. Custody and Maintenance of Child etc
By way of a MOU which shall be agreed by both the husband and wife and then the divorce shall be granted under such terms and conditions.
However if you wish to contest the same. You can opt for the first option and then fight a child custody case whereby the courts decision shall depend on the following observations:
1. What is the age of the child
2. Who has the financial capacity to give a better future to the child
3. Moral characters of mother and father
4. Child's own will and who does he/she wants to stay with
5. Other observations depending upon the case
For any more suggestions on the same please do consult me directly.
Thanks
Adv. Shreyash Mohta
The grounds for divorce are several.
1. Adultery
2. Cruelty
3. Desertion
4. Impotency etc
In your case, you can use cruelty as a ground for divorce along with add the torture of in laws.
You can file a Divorce Case with 498A [Demand for Dowry] and Domestic Violence u/s 12 of the PWDV Act which shall support your divorce case.
For such you will require the expertise of a good lawyer who is proficient in handling Family Disputes.
OR
You can also opt for a mutual divorce whereby such hassle is not required provided that yours was a love marriage. It is advised thatyou opt for mutual divorce and settle all such claims regarding :
1. Payment of alimony
2. Distribution of Asset and Liability
3. Maintenance
4. Custody and Maintenance of Child etc
By way of a MOU which shall be agreed by both the husband and wife and then the divorce shall be granted under such terms and conditions.
However if you wish to contest the same. You can opt for the first option and then fight a child custody case whereby the courts decision shall depend on the following observations:
1. What is the age of the child
2. Who has the financial capacity to give a better future to the child
3. Moral characters of mother and father
4. Child's own will and who does he/she wants to stay with
5. Other observations depending upon the case
For any more suggestions on the same please do consult me directly.
Thanks
Adv. Shreyash Mohta
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