• Divorcee proceedings

My wife is wanting to get seperated from me, and we have just got a baby girl born. 
She does not respect me speaks in a rude manner and to the reciprocal when i loose my temper she threatens me for divorcee.
She says she will take the baby away from me and will not let her meet me.
Her parents are supporting her rather than making her understand to adjust. 
We have been married for about more than one and a half year, and i dont want a divorcee as i dont want to ruin our baby's life.
Please help me with all these questions that keep troubling me.
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

1. If you do not want divorce then let your wife unilaterally file the petition for dissolution of marriage and you can contest it. One who files it has to prove his/her allegations, it is not going to be a cakewalk in the court.

2. If you apprehend that she may take the daughter away in an illegal manner then immediately file a suit for permanent injunction against her in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Try to reconcile with your wife by involving elders / opinion makers from both sides and impressing upon her the essence of happy conjugal relations .

2. The court will not grant custody of the child to you as baby is too young. However, you will get visitation rights.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1) you can afile petition under section 9 of HMA for restituion of conjgal rights if wife refuses to stay with you

2) seek joint custody of girl

3) however please note that even if you get a decree you cnanot force your wife to stay with you

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

court would award you vsitiation rights as your daughter is not even one year old

2) welfare of child is paramount consideration

3) you would not be awarded sole custody of daughter

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Since you do not want divorce then you dispute is to be personally resolved as legal means can not aorth this put.

So you have to talk to her, sit with and resolve it amicably.There is no other way.

You can consider going for holiday in a secluded location which often gives calming effect on marital discord.

You can file suit for custody of child but it will not be given to you.However you will be given visitation rights of the child anyway.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

This is the initial stage of your married life and during such initial stage the trivial issues of this nature will dominate and play a pivotal role to create mental disturbances which may cause mental agony and leave a peace-less atmosphere.

At this stage patience is the most important thing to be adopted at least for the sake of the infant child.

She may be adamant and rude but if you introspect you may find lot of fault in your side too.

Se may shout at a fit of anger that she will divorce you etc., such things are common these days because the women feel that they are being discriminated due to male domination or chauvinism

It may take time for her to realise you as well as your importance.

Her parents may be the culprits who sow poison in her mind by frequent ill advises.

if you are against the divorce and want to save the marriage, do not accept her proposal and challenge her move in the court but before that reconcile the differences with her at least for the sake of child and try to pacify her and adjust with her to the feasible extent.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

How can i get the custody of my baby if nothing good happens?

As per law the mother gets the custody of the child till the child attains 5 years of age and after that both can approach for a decision about the custody of the child.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0


I read your mail....you are free to file the divorce petition and child custody matter in a same time ....accordingly the provisions...



Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer