• In need of divorce - need advice

Hi i got married in 2010 to a nri and moved to canada after quitting my job in mnc. Our marriage life had lots of ups and downs.. within few months i got to know about his past relationships which i dint care much about but later got hold of his email account and got to his inappropriate(nude) videochats with many gals which i couldn't digest at all because i trusted him the most. I brought this matter among his family and told i would return to india coz i found them totally disgusting but they requested me to stay back as such things would never continue again..
He would always find a reason to pick a fight and doubted me and end up in asking divorce from me.. this had happened more than 20 times in a year.
I thought everything ll fall into its place afted baby but things got worse.. he was very self centered person with a newborn at home all he was worried was about his diet gym party and office business. I moved to india for a while then he got his opportunity to go back to bachelorhood again and starting playing around gals with i caught him later red handedly..
After few days of stay in india i moved back to canada to find the things have become more worse he would care 0% about me and baby and almost fount for most petty thing. And harasssed me mentally and physically abused me which went beyond control so i had to call 911 and he immediately got arrested. The court gave order not to see me. After all this drama i managed to get his consent moved to india forever in 2013. Its been 4 yeras we r not leaving together and not in talking terms from last 1 year.. my parents are taking care of me and the baby.. there is not support from him either mentally physically or financially..
Lifes become tough as the kid is growing. Cant even update kids passport without his sign. I dont even know where he lives now.
In need of divorce? Is mutual or individual better in my case? Need to know about child custody and alimony details. How to procced with this. Please help..
Thanks!
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

1) mutual consent divorce is best option

2) seek sole custody of your baby

3) also seek alimony from husband

4) if husband refuses to pay any alimony by consent then file for divorce on grounds of mental cruelty

5) rely upon complaint made by you to police wherein he got arrested

6)also evidence in your possession about nude chats with girls after marriage

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. Now after the decisison of supreme court the signature of father in passport is no more mandatory.

2. To get divorce you can file the same in court in INDIA.

3.If you're unemployed you can file case for maintenance under PWDV Act also.

4. For mutual divorce consent of both of you is required.

5.If you keep the child with you then you will remains his lawful custodian.

6. The amount of maintenance would not be less than25% of his income.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. Mutual is always better as it is hassle free and takes only 6 months to conclude, as opposed to contested which is time consuming and the result of which is uncertain, but mutual is possible only if both spouses are into a positive agreement to end their matrimony. The issues of alimony and child custody have to be agreed upon before a petition for mutual consent divorce can be filed. Be that as it may, you are free to file a petition for divorce on the ground of cruelty if he is not ready for mutual divorce.

2. Since the child is in your custody you can keep the child. The court will not uproot the child from you.

3. You are also free to file a case for maintenance for yourself and your child. He is bound to support both of you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- mutual is a better mode of divorce any day. You may speak to him for mutual divorce on mutually agreed terms, and if he's ready, both of of you may move the first motion.

If he's not ready for mutual division, you could file a contested divorce against and also seek interm maintenance.

Also file a petition for regular maintenance under section. 125 CRPC.

Obtain single guardianship, by way of moving an application under the Guardianship and wards act

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Madam,

* If you do not know the details of him then your case might lead to ex-party divorce, In case if you apply for it.

* If you need police help to find his whereabouts then we need to discuss to find the grounds to make criminal complaint ( delay is the concern over here ) .

* I think you have relevant proofs about his previous arrest and his sexual chat messages.

thanks,

adv.niranjan,

mobile / whatsapp - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

If you are residing with your parents in India Bangalore, ever since your break up with your husband in 2014, then you can file the petition on grounds of desertion here itself. Since you are not aware of his whereabouts you can file the petition citing his last known address in India (Parents House), if you do not have it, you will have to make efforts to obtain his address as this is very important for filing of the petition itself.

Since you are having the custody of your child since its birth, you can seek custody even after filing for divorce and grant of divorce.

In your case at the present it would be best for you to send him a legal notice stating very clearly that you are intending to file the petition for divorce on grounds of cruelty, desertion, if on receipt of the notice, your husband (if he still has not married anyone else there) can suggest you to come forward for a mutual consent divorce.

After filing for divorce you can seek maintenance and alimony from your husband during the pendency of the petition itself.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You can file a divorce case on the grounds of cruelty and desertion against him.

You can get exparte divorce since his whereabouts cannot be traced.

As the child is in your possession, you need not bother about its custodial rights with you alone.

If he is worried about the child and wants to gt its custody, he only can file a child custody case.

As far as alimony case is concerned , you have to locate him otherwise you cannot execute the court orders even if you get a decision from court in your favor.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Mutual will be better.

Because in mutual divorce you can decide all the eventualities like child custody, alimony etc.

Mutual consent will be less time taking also.

Also it will be hassle free.

You can contact a local lawyer who can help you in filing the same, the Mutual consent divorce can be filed on the conditions as accepted by both of you.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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