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Q. legal advice on divorce

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Anonymous

posted 1 month ago

Q.legal advice on divorce
i got married in 2004 and i have my 11 years old son. Now, i want to get divorce as my wife has got extra marital affair. she did abortion last month at her father place secretly as that baby was not mine. And she tried to hide the fact from me but somehow i got the information about that. Now, i do not wish to continue my marriage relationship with that lady. and I also want my son custody with me only. kindly advice how do I proceed

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 1 month ago

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A. ) You have to file a petition for Divorce. But before that, please collect all the documentary evidence properly. Adultery needs to be proved quite strictly. Further, you can also file a petition for custody of your child. However, when it come to child custody, the only principle on which the Court proceeds is that the welfare of the Child is paramount. The inclination of the child himself also matters. So, please be good to your son and spend more time with him.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. ) Yes you can file divorce petition. As well as children custody suit with the help of lawyer

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Mrighankhi Chakraborty

Experience: 1 Year(s)

Responded 1 month ago

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A. ) For Further Details please contact me through Vidhikarya.
regards

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Mrighankhi Chakraborty

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Hello,
he Hindu Marriage Act, 1955 provides for 2 ways to obtain divorce from your spouse:

Contested Divorce under Section 13 of the Act
Mutual Consent Divorce under Section 13-B of the Act

if you want a mutual divorce then both the party has to agree upon it and file a joint petition for dissolution of marriage in court.
OR
if you want a contested divorce then the procedure as follows:
Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India. there are 9 major grounds, one of them is -
1.If a spouse, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.
STEPS:
1. File a Divorce petition with a lawyers help with all the grounds and a petition for custody of your child along with custody forms.(consult with a lawyer)
2.Normally, a Contested Divorce Petition is listed for hearing within 7-10 days from the date of filing, however, it may take few or more days to get listed subject to the workload of the Court which is to hear the Divorce case.

Now, before the actual Divorce proceedings can begin, the Divorce Petition itself needs to be admitted by the Court. On the first date of hearing, the Judge would carefully study the Petition and hear opening arguments from the Divorce Lawyer regarding the allegations made in the Petition and the grounds on which the Contested Divorce is being sought.
3. Once the Court is satisfied ,he Court would issue a formal notice of the case to be served upon the opposite side. Subsequently, a copy of the notice along with the Petition would be sent to the opposite side.
4. On the next date of hearing, the opposite side is supposed to appear in person along with its Lawyer and also file its reply to the Divorce Petition. The other side is also required to a file a reply to any Application (usually for maintenance or custody of child) which may have be filed along with the Divorce Petition.
5. and so now the case will go on

*Some Grounds for Custody of a child to father can be granted:
first of all A father can gets custody of his child only if the child is not minor (below or 5 years old)
Though while giving the custody the mother is given the first priority, the father can get it by following ways:

1.If the mother is willing to give up the custody of the child, then the father may get custody.

2.If the mother is not mentally stable, the father is the next person to get custody of the child.

3.If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.

**4.In case the mother is of an immoral character, which may affect the child as well, the father gets the custody.


now days custodyes are also given jointly
which is advisable so that the child doesn't have to go through more mental trauma.

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