Hello members I want to file divorce on ground of mental cruelty My marriage was solemnised in Sept 2016 and wife was working in bank posted near to matrimonial home ie my residence and was living with me .She left home along with minor daughter saying that she is going to family function but after that she did not came back and sought transfer without informing me.I filed RCR case but she first filed complaint under 498a at her parental placeand sought transfer filing C24 stating she is a permanent resident where she is posted at present, husband has deliberately filed RCR at his place.After seeking stay from HC she filed maintenance case for minor daughter.In maintenance case a joint compromise deed was filed where she was ready to come back to matrimonial home and retransfer herself back to matrimonial home but later on she refused to accept that compromise deed her self. Court ordered amount of 5000 pm payable to my daughter from October 2018, against me, and wrote that as wife refused compromised deed she don't want to live with husband.After that I withdrawn my RCR case and transfer petition c 24 pending in HC was dismissed.Now I want to file divorce on cruelty on above grounds 1 wife sought transfer to her parental place without informing husband though she left home saying that she is going to attend family function. 2 she deliberately filed false police complaint to avoid matrimonial obligation. 3 she declared herself as permanent resident of other district 4 she refused to live with MIL. 5 she refused to retransfer herself back to the matrimonial home 6 she refused to live with the husband Please adv me whether the above points will constitute cruelty or not. I haven't seeny daughter from.past 1.5 year.she is just 2.5 years old now. In maintenance case she declared that she has hired a maid and living alone with minor daughter in a rented small accommodation.Can I file sec 26 to claim child custody as I live with my Mother and have joint family and having lot of female members along with 2 minor girls same age of my daughter.I am.working in merchant Navy.Though I have not paid maintenance amount of 5000 yet but I have deposited entire amount of 1 yr in sukanya samriddhi yojna on the name of my daughter. I fear that after filing divorce and child custody she will file sec 125(3) again to harass me . Please adv how to counter that
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You can file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) wife forcing husband to stay separate from parents amounts to mental cruelty
4) wife filing false case against husband amounts to mental cruelty
5) you can seek joint custody of your child
6) court would award you visitation rights at least
Respected sir...
6 Same as ans of point 4...
Thank you
A divorce petition on grounds of cruelty and desertion must be filed. The points you have stated are valid and can be put forth in the court as you have requisite evidence.
Also she could file case against you for domestic violence too and for that you have to apply for fir quashing and anticipatory bail.
Regards
See you can file a divorce case against you wife on above grounds further.you need to pay maintenance to her.for child depositing.in yojna won't help.
Also file a petition for custody of child along with interim visitation rights as the age is less court may not.grant complete.custody but can provide visitation.
But.you have strong.ground wife residing along and working so welfare for child.custody can be granted to you.
you can file divorce on ground of creulty. According to decision of Hon'ble Supreme Court in Narendra vs. K.Meena a wife cannot force her husband to leave his parents' home and live separately without any justifiable cause. In this case also you are entitled to take divorce from her on ground of cruelty.
Yes it's cruelty you can file divorce on that ground before family court. Let her file you can contest the same on merits
File application to high court for transferring the case to place convenient to both parties.
File suit for custody of child or visiting right if custody not granted.
File divorce case on ground of cruelty and desertion for no just and lawful reasons. And object to giving any maintenance on divorce for reason of such cruelty and voluntary desertion by other party.
I want to file sec 26.please adv do I need to file separate application u/s 26 along with divorce petition? can I file both sec 26 and divorce petition on cruelty together ? Are following point enough for sec 26 child custody 1) wife living alone,working and hired a maid to look after minor daughter. 2) wife neither want to live with husband nor living with her parents,though her parents lives near to her place of present residence.Neither she is allowing to meet father and daughter nor she bringing daughter to matrimonial home.Her conduct is against the paramaount welfare of child 3) I reside with my mother and have joint family along with minor child and others family members 4) there are lot of private school and kids playing school near my residence while wife reside in remote area and lack all these facility Further I want that she must be prohibited taking away my minor daughter to any other place with my knowledge and permission,so can I claim this relief u/s 26????? I want to file a separate petition on ground of desertion after 2 months as desertion time yet not completed.So can two petion desertion and cruelty be filed separately???? Please adv
A separate application under section 26 along divorce can be preferred.
2. On the grounds mentioned by you for welfare and good care and for kid care of.the child you can claim the custody of the child.
3. No separate petition for divorce cannot be filed you have to take ground in one petition only
The divorce petition filed by you should contain all the grounds existing at the time of filing the petition. Desertion can be taken as a ground afterwards.
For child custody all the grounds stated by you are valid and the court shall consider them while passing an order.
Regards
You cannot file 2 separate divorce petition one on grounds of mental cruelty another on grounds of desertion
2) wait for period of 2 years to lapse file divorce petition on grounds of mental cruelty and desertion
3) in said petition you can seek sole custody of your child
4) no need to file separate application under section 26
5) you can seek sole custody of your child on grounds mentioned herein above
You cannot file 2 separate divorce petition one on grounds of mental cruelty another on grounds of desertion
2) wait for period of 2 years to lapse file divorce petition on grounds of mental cruelty and desertion
3) in said petition you can seek sole custody of your child
4) no need to file separate application under section 26
5) you can seek sole custody of your child on grounds mentioned herein above
Sufficient grounds for divorce and taking custody. Can file seperate petition for desertion and cruelty to be heard together.
You need to file separate petition for child custody. You can incorporate aforesaid grounds in it.
The grounds what you have mentioned constitute the ingredients for cruelty.
You can very well file divorce case on the grounds of cruelty.
You can file a child custody case under the provisions of guardian and wards act.
Dont worry about what further case she may file, you cannot stop or prevent her from filing any further cases against you, you can tackle all of them when it comes, on merits.
You can file a separate caase for child custody under the provisions of G&W Act.
In that case you can seek visitation rights as an interim relief as per the program and schedule you may mention in the interlocutory application.
If you have already filed a petition seeking divorce on the grounds of cruelty then you cannot once again file another divorce petition on a different ground before withdrawing the current petition.
You may discuss all these points with your advocate at length before filing the petition desirous of filing before court
Yes the above ground can be used as mental cruelty but these ground are not strong for proving mental cruelty.
Yes you can file for child custody petition along with divorce but chances for getting custody are low as court has a view that a child below 5 years of age should live with his/her mother.
And you should deposit maintenance money directly in account of your daughter or his mother other investments on name of daughter can be additional but maintenance has to be given to welfare of your daughter.
