• Divorce

I am from Gujarat.. I marry with a girl of mumbai before 6 years.. We have a child of 5 years... I want to take divorce because my wife behavior is very bad to me and my family.. She is too unsecured girl and sometimes she lost her control.. Use Abuse language and three time tried to small attack on me also... Now i want to know what is my rights in this case.. My child is studying here... She took him with her.. My son education is spoiled... Can i take my child to me... Can i file the divorce... How can protect myself.. She is saying she will not leave me at all.. Pls help me.. I hear that there is no help for men in indian marriage law... What should i do sir... I want to close this relation...... Pls help me... Thank you
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) you can file for divorce on grounds of mental cruelty

2) wife using abusive language against her husband amounts to mental cruelty

3) you can seek joint custody of child

4) court would award you visitation rights at least

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

Dear Sir...

According to your words....as soon as possible..you can file the divorce petition ....under the shelter of law.which is fruit full for your future...collect all your documents..

Regards..

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1.You shall have to collect irrefutable evidence of her abusive behavior by audio/video recording her such conversations.

2. You can thereafter file a divorce suit against your wife on the ground of cruelty.

3. Mother is treated as the natural guardian of her child up to his/her 5 years of age.

4. So to get the custody of your child child you shall have to prove before the Court that the same is required for the welfare of your child.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If you feel depressed and disturbed over your matrimonial life and indifferent behavior of your wife and feel that it will not be possible for you to continue the relationship anymore, you may decide to file a divorce case on the grounds of mental and physical cruelty by relying upon the documentary and other evidences to support your pleading.

You may file a child custody case also simultaneously.

if due to provocation she resorts to lodge criminal complaint on some false and flimsy grounds agaisnt you before the concerned police station, you may first obtain AB and then challenge her false case in the trial court properly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. You are free to file a petition for dissolution of marriage as the conduct of your spouse amounts to mental cruelty. Be prepared thought to face cases of domestic violence and 498A in return.

2. To get back your child you are required to file a petition for guardianship and child custody in the court. The only consideration for the court in a child custody dispute is the welfare of child.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If she is causing tortures to you as you have stated then you can file suit for divorce on the ground of mental cruelty.

2. if the Children remains with you then there is no requirement for custody order. Otherwise you will have to file for the same and seek custody or visitation order.

3. it is wrong to say that law does not help men. There is special law for women but that does not mean that the men does not get justice from court.

4. i would suggest you to give one final try to work out the marriage. Only as a last resort you go for divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) wife will have to fiole petition in SC to transfer divorce case to bombay

2) court can direct you to pay around Rs 7000 as maintenance for your wife and child

3) merely because you are highly educated does not mean court would award you custody of child

4) if youa re aggrived by court order you cna file appeal in HC

5) court cannot force you to stay with your wife

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

1. For shifting the case filed by you at Gujarat court to Mumbai Court, she has to file an application before the supreme court wherein you shall have an opportunity to conest the petition with appropriate ground. However, normally the case is shifted to wife's place.

2. You can file a petition demanding custody of your child for his welfare including his education.

3. Normally an amount in between 1/5th to 1/3rd of husband's net monthly earning after deducting compulsory expenses like I.Tax, PF, House Rent, EMIs, medical expenses for self and parents are deducted from the gross income to arrive at at net income.

4. Yes, you can always challenge the order passed by a Court by filing an appeal before the higher Court till you reach the Supreme Court.

5. No Court can legally force a husband or wife to stay with his/her wife and husband against his/her wishes.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. She will have to move the Supreme Court through a transfer petition for getting the case transferred.The courts ordinarily lean in favour of wives in such cases.

2. You are free to file a petition for child custody. The courts do not ordinarily uproot the child from his ordinary residence.

3, The adverse order of the trial court can be challenged up to the SC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She has to file a transfer petition before supreme court for getting this case transferred to her own native state

For your child education, you may have to follow it properly.

The court will hear both the sides and decide the case.

If you are aggrieved by the trial court's order, you can prefer an appeal before other high court.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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