• Can I get divorce and kids custody from my wife

I was married in 2003 & it was a arranged marriage, starting few year everything was ok but after my first daughter born in 2003, things was completely changed, she start fighting on each & every thing & start pressurize me to take share in family property & stay away, even my parents not stay with me, in 2014 our second kid boy born & after that she completely changed start abusing, taking out money from violet & office bag even we left hand on each other so many time & on may 9th 2016 she put fir on me under section 498A,323 & 506 IPC, this case still on in Gurgaon Court, She appears in court 2-3 times, from the 4 dates she didn't came. Please suggest
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu

1) file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3)wife forcing husband to stay separate from his parents amounts to mental cruelty

4) seek joint custody of your children

5) court would award you visitation rights

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hi, you can file divorce on the grounds of mental and physical cruelty .. In the FIR , you should apply for anticipatory bail and file for quashing of FIR in high court under section 482 Crpc .. For further legal assistance you can meet me at my office in Gurgaon..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

Hi, you can file for custody of child under guardian and ward act ..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

See you can file a divorce ground of cruelty by your wife and also file an application with the same for the custody of your children's.

Also the case of 498A is in court if there are false allegations and no substance in it file a quashing petition in high court get the FIR quashed and sif high court pleases and quashes the FIR it will also be a ground available to you for filing divorce as Supreme Court has held filing false case is cruelty so you can go ahead with quashing and divorce.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Dear Client : As per latest supreme court judgement ' wife asking husband to abbunden his parents to live seperately amounts to cruelty'

Let the case continue you stick to the above clause this will save you from lot of pressure and charges framed against you.

Secondly file a police complaint against your wife mentioning the above clause.

Lastly you have not mentioned whether your wife is still staying with you & status of kids in her petition against you.

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

1. When 498a case is filed the marriage is virtually broken and you will have to seek legal recourse to ventilate your grievances.

2. To get custody rights or in the meantime visitation rights of your children you will have to file a custody suit.

3. If you could manage to establish that welfare of the children is not safe with their mother you can be handed over the custody of the children.

4. If your wife is unemployed you are liable for maintenance of your wife and children.

5. To expedite the 498a case file revision un high court.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

There's no automatic arrest in 498a cases anymore. This position has been prevailing since the judgement of the Honorable Apex Court in the case of Arnesh Kumar vs. State of Bihar.

Hence you need not worry about the 498a cases. Just cooperate with the Police during the investigation.

If you have taken a decision to come out of this marriage, you are free to file a divorce case. You can also apply for obtaining the custody of your children.

Contact a local lawyer to file the needful cases for you.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Hello ,

If you want divorce you can file a suit for the same on the grounds of cruelty .

But I would like to suggest you to contact with her parents and fix a family meeting where your parents would be present also . Ask her in front of them to withdraw the case . You can also take help of counselling which can help to solve the problem .

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

Immediately file a divorce petition.

Seek interim custody of your children by way of moving an application under section 26, Hindu Marriage Act.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Since you have waited so long, i would advise you to wait some more i.e. till you get acquitted and her 498A case is dismissed as filing false complaints amounts to cruelty which is a ground for Divorce. As far as the question of custody is concerned, I doubt that you will get it but you should get access orders. You shouldn't be held to ransom at the whims and fancies of your wife. Therefore, it is advisable to file proceedings under the Hindu Minority and Guardians Act for custody and access of your children. Keep proof of all the payments made by you for your children.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

insist that you be permitted access to children .

seek divorce by mutual consent

agree to pay wife lumpsum amount as alimony

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You can take divorce as you both are not residing together. The custody of your younger child will remain with your wife and for the custody of elder child can be possible on merits.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

U jst try to collect evidence for this... It will help u for divorce n other matters....

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.0 on 5.0

I advice you to fake divorce from her and try to get the custody of the child as it is not worth living with the person with whom you can’t even expect respect in return.

You can consult me through Kanoon if like my answer, and want to know the further procedure for it.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

For her criminal complaint case she need not attend court regularly, it is a state prosecuted case hence she need not attend the court on each and every date of hearing.

You can challenge the case properly if she is reported to have filed this complaint with false allegations.

You may also consider to file divorce case on the grounds and desertion if she is not staying with you.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

If there is no court order for paying maintenance to them, you need not pay them any money now.

Let she file a maintenance case and fight that also besides fighting the other criminal cases.

Let the court decide about granting maintenance to them after hearing both the sides.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You can file divorce on the grounds of cruelty and get Divorce. You can also file case for custody of your child.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

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