• Divorce

Dear All,

My wife has been behaving in an irrational manner towards my parents as they are not willing to talk to her parents as they do not like the way they treat my parents, things are really turning t worse and she has started abusing me in every which way she can and also abusing parents since last 6 months making me accountable for any wrong thing that happens in her life , they do not stay with me but she uses very bad language for them in front of me and this makes me very uncomfortable, she also claims to keep our child away from me and my family (baby is not born yet due in april 2018) and also not allow to have surname for my child and keeps threatening of divorce, I have now come to a consensus that that divorce might be the best option moving forward , so can you please advise, she works and earns similar to me and also we have bought a property together and also we are NRIs.
Asked 7 years ago in Family Law
Religion: Hindu

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14 Answers

1) wife abusing husband and in laws amounts to mental cruelty

2) record her verbal abuses

3) file for divorce by mutual consent

4) she has equal share in property bought in joint names

5) she would not be awarded maintenance as she is working and there is no difference in your income

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1) court would not award you custody of your new born baby

2) welfare of child is paramount consideration

3) mother lap is regarded as gods cradle

4) court would award you visitation rights

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Court can grant you right to meet your child every weekend or once ion 15 days or so

2) you can file for custody of your child when he is 5 years old

3) Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

You can claim the custody of the child after the age of 5.

At this stage you can file a case for custody but you will get a partial custody i.e., visitation right in case you file a case for custody.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. Decree of divorce can be sought from the Court on certain grounds acceptable by Indian law and one such ground is cruelty.

2. So, collect evidence of all her cruel activities by audio/video recording her cruel acts which will serve as evidence.

3. Thereafter, file a divorce suit on the ground of cruelty in India submitting the evidence you have already collected.

4. It will be prudent on your part to negotiate with her and jointly file a mutual consent divorce petition which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Welfare of the child is of the paramount importance while granting the custody of the child and as per Hindu Minority and Guardianship Act, mother happens to be the natural guardian of the ward, and ordinarily custody shall vest with her.

Also if she is working and there is no substantial difference between the income then no maintenance will be awarded to her, however the court may direct you to give maintenance for the ward

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You're being meted out with cruelty, which is a ground for divorce.

Collect some evidence in support of her ghastly acts. The same could be in the form of audio and video clips.

After the grant of divorce, you may apply separately for the custody of your child and exclusive guardianship.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, if you have decided to go for divorce , then it is advised to convince her of mutual divorce .. The contested divorce is very difficult in our country , as unfortunately the law is more favouring towards women ... The custody of child will be with mother till he becomes a bit major ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. You can file the divorce suit after your child is born.

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

3. You shall not be given custody of your child after he/she is born for the welfare of the child. Any attempt on your part to have his/her custody will be futile.

4. You can negotiate with your wife for jointly filing a Mutual Consent Divorce petition on agreed terms which will be disposed of with in 6 7 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. As stated in my earlier post, you can claim custody of your child after his/her 5 years of age.

2. Custody of child is awarded treating his/her welfare as of prime consideration.

3. You can pray for visitation right after he/she is born and after you file divorce case, when the Court will direct your wife to allow you to visit her place or any other place to meet her son/daughter on specified dates and specified periods which your wife shall have to comply with.

4. She can claim maintenance for herself and her son/daughter from you by filing an application before the Court for which the Court will give direction about the amount to be paid after hearing both the parties.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

In this condition you should try to collect all evidence against her and try to record her threats and other behaviour through which you can proof before the court that it has been committing cruelity. However this is very complex situation  but you should try to keep peace and tranquility till the birth of child.

However a mother generally takes custody of the child Till the age of 5 years in exceptional condition when mother is so careless that her custody is not good for the Welfare of the child then Court can grant custody  to the father. Generally Court cannot give custody of the child to the father immediately after birth of child because in the natural course child's basic needs is fulfilled by the mother.

 

 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The property bought on joint names shall belong to both and in the event of divorce, either of them can sell their respective share to the other by an arrangement or seek the help of law if no consensus is arrived in dividing the property between you two,

If divorce is the option as a last resort you can very well proceed with the decision on the grounds of cruelty becasue instead of toiling in constant problems, some solution is to be arrived at a point of time.

Forget about the baby yet to be born, you can think about the custody at a later date when the things change.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

I have recorded few conversation, I want to apply for divorce once she has delivered April 2018, as I don't want my baby's life affected due to this process and she is very careless and could hurt the baby, can you please suggest the best course of action? and can I get primary custody of the baby after she is born, she wants to stay with her parents after divorce and I do not want this to happen as her father is a smoker and my child will be a victim of passive smoking.

The recorded conversations are not admissible as evidence in court of law.

You are thinking and planning very much in advance about a solution for a problem which is yet to come.

The child custody case for the infant child may not be maintainable especially at this stage when the child is yet to be born.

In fact the child's custody shall be with the mother as per law, till the time the child is attaining 5 years of age.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

at what age of the child can I claim custody and will I have any say in decisions made for the child's life in future and what exactly is meant by visitation rights and what are my rights in this remit towards the child.

The visitation rights is that you will be allowed to visit the child by an order of the court as an interim relief to the child custody case.

The visit schedule shall be as per the request made by you and the court's decision on the timings and duration etc.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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