• Divorce

I married on 2013 ,we have 1 year old baby boy,from the first year of marriage,we are facing lot of issue among us.my wife is lathergic and left various job for different reasons and now she is totally jobless and my expectations were to take care of me and my son but unfortunately she is not cooking daily ,she don't even take care of my son daytime as because she hired a babysitter,she always wanted to stay well ,for that I have taken huge loan and bring a flat.she always run two AC in room and monthly bill of electricity bit high.and I am unable to fulfill her requirements.her mom means my mother in law is giving huge money to help our family and my wife is always made me down .that's why huge problem arises and she wanted me to give divorce.i want to keep my child with me and my wife is now ready to leave her son.is this case can be mature to a sucessful divorce? Sorry for my bad english.
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

File for divorce by mutual consent

2) consent terms should provide that you will have sole custody of your son

3) there should be clause regarding alimony to be paid to wife and for return of her stridhan

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1.it appears that your wife comesform arich family and was a pampered child.

2.This is nothing but job hazards and you will have to cope up with this with patience.

3. try to make your wife understand the value of life and ding household chores for keeping her own health in shape.

4.People Often after marriage can not adjust with the new way of life when the incompatibility arises. If both of you try to adjust with each other and make compromise to some xtent this marriage would surely work out..

REMOVE THE THOUGHT OF DIVORCE ALTOGETHER.IT IS NOT A SOLUTION IN YOUR CASE.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Please file for mutual divorce.

Write in the said conditions of mutual divorce that the custody of the child will remain with you.

And also mention the alimony that is to be paid during the separation.

Let me now if I can be of further help or if you need any assistance in making the divorce terms.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

I understand these things, but if the matrimonial tie is not going good then there is not point in continuing the same and the best possible thing as of now for you is mutual consent divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

I would suggest divorce preferably when all other measures fail.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Your seems to be a just a strained relationship with your wife.

A couple of visits to a marriage counselor could help your relationship with your wife.

This seems to be a marriage which could be saved, provide both of you cooperate a little with each other.

If nothing works, you can go for divorce by mutual consent as your wife is also ready for divorce.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You could retain the custody of the child under the terms nd conditions of the divorce.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) opt for divorce by mutual consent

2) if wife wants divorce she may agree not to claim alimony from you

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. You and your wife can jointly file a mutual consent divorce petition on agreed terms mentioning there in that she has no claim and will not claim her son's custody from you.

2. the said MCD petition will be disposed of with in 6 & 1/2 months from the date of its filing.

3. In the said plaint for MCD, mention that she has left you and is staying separately from you for more than one year which is mandatory for seeking MCD.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You discuss with her for jointly filing MCD petition without any alimony or maintenance.

2. She should agree that the child will remain in your custody.

3. While decree of divorce as per the MCD petition is granted, take up job with better Company and move on in your life.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If you have decided to give divorce to her, then better go for mutual consent divorce, in that you can enter into a memorandum of understanding and get it decreed i the divorce case about the custody of your child with you forever

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

I am trying to adjust all things with endless housework like cooking after return back from office,cleaning all cloths,playing with my child and some time feeding him, as much as possible but sometime I loose my emotions, my wife want divorce from me as she feel no bonding between us.my intension to keep my child with me without aluminium as I am not able to fulfil that.also is only money can solve this problem? I am trying to switch my company with high salary.please suggest.

As suggested earlier, you can opt for mutual consent divorce with a memorandum of understanding written and decreed in the mutual consent divorce decree, about permanent custody of your child with you and also that she will not seek any alimony/maintenance.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. It is not cruelty if the wife does not cook for her husband. In many cases the courts have held that a wife is not obliged to cook for her husband. So this is not a ground for dissolution of marriage.

2. From your statement of facts there appears to be no legal ground to seek dissolution of marriage. If there is no bonding between two of you then apply for mutual consent divorce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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