• Divorce and child custody

Married in 2009/03 - got Kid in 2012/04 - staying in Bangalore
Since the beginning of the marital relationship, it was hardship with my spouse, after long struggle, we both could start attending the couple counseling since 2015/03. The counselor diagnose in 2015/09 that my spouse has the Personality disorder, and recommended parallel medication along with regular Behavioral therapy. we have visited Psychiatric & she has prescribed medication to my wife along with regular counseling. My wife had lied that she is taking medication, but in 2016/09 we realized after she told that we realized that she didn't take medicine & was not on medication from day one.
Due to her Personality disorder, she makes mess out of small topics, screams, shouts, quick anger, sometime physical abuse(beating, slapping..etc.,) mental abuse (using abusing words towards me, my parents & relatives etc.,) 
Due to her Such Personality Disorder behavior my Son is also undergoing Oppositional behavior & self-low esteem characteristics.

present condition is, 
we are everyday hardship, staying together, (we both are working in software field)
she is neither willing to attend counseling nor willing to undergo medication
Child is under symptoms of Oppositional behavior.

As I couldn't continue with this condition, which I had bared for the past 7 years, I would like to be legally separated & wanted to have child custody.

Your advise & counseling is greatly helpful for further steps.
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) divorce by mutual consent is best option

2) if your wife refuses to agree then file for divorce on grounds of mental cruelty

3) wife assaulting husband physically amount to mental cruelty

4) verbally abusing husband and his family members amounts to mental cruelty

5) you can seek joint custody of child

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1) you can file for divorce by mutual consent after staying separate for period of one year

2) even if you are staying in same house but not having any physical relationship you can file for divorce by mutual consent

3) consent terms entered into by parties form part of divorce petition

4) consent terms provide for maintenance, custody of children , return of streedhan etc

5) you can file for contested divorce on grounds of mental cruelty . Seek custody of your child

6) mention in detail various incidents that have taken place after marriage

7) you have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

You can file a divorce case on the basis of her mental ailment.

You can gather the evidences of the counselling session you attended

If her mental ailment for the said reason is proved then you can even claim custody of your child on the same basis.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. could you please educate me on the approach of Mutual consent? In my view, it would be a less chance attempt.

Divorce on the grounds of mutual consent shall be by filing a joint petition before the court seeking dissolution of marriage without assigning the actual or any reason.

2. in other case "divorce on grounds of mental cruelty" please educate me the process, I have this question, as we both are staying in same house as of now. Is there any precursor actions or process that required to process this?

The only criteria for divorce on the mutual consent is that both have to have lived separately from each other for at least one year before the date of filing this petition.

No doubt you both were staying under the same roof bu you both can live separately even if residing under the same roof.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

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