• Family divorce

My wife is living with her father since marriage seven year ago . she  is not ready to leave her father & live with me seperatly .she lives with me seperatly hardly for a month.and    charged falsely for mishandling. we have a son 6 year old. what should I do now. What abt the custody of my son.
Asked 1 year ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu
Hi
 you should file for divorce on the basis of cruelty and desertion 
Do you meet your son, how often you meet him and your wife. 
 Ask for the Permanent custody and for now  the access to the child in the same Petition.
Since the child was living with her there is a chance custody can be denied to you 
 Immediately after the matter begins in the court file interim application for access right  and seek for order to visit your son as you want.
Even if the custody ordered to her you should ask for access regular, visits and 15 days continuous stay with you when child has holidays .
 You can also try and suggest for a Joint Parenting depending on the circumstances you three live,and the nature of the dispute with your wife.Many couple opt for joint parenting where both have equal right an liability and access, in which an agreement is signed regarding the schedule and terms of parenting and child can stay with both equal time.Then there is no custodian parent an access parent. This can happen if you bioth can reach to anunderstanding
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
This is the tough time in your life, Settle the matter amicably. What is the exact problem between you and wife for desertion ?

Fathers in India has to face a terrible truth that a minor child custody will be undoubtedly awarded to mothers, unless proven that she has neglected her child. Most fathers don’t want to confront the issue, not realizing that they put themselves in more vulnerable state and at loss during divorce proceedings, especially while fighting for child custody and support.Divorce advice for fathers is not about finances or managing their personal post-divorce life, but for their ability to deal with being a father after a divorce.

WELAFRE OF THE CHILD is the paramount consideration of the custody of child. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1)file for divorce on grounds of desertion and mental cruelty   

2) you can  also seek joint custody of the child 

3)court will grant you visitiation rights at least 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. You can either stay with your wife at her place or force her to come to your place,
2. if she refuses then you have to think seriously about continuing this marriage.
3. You may not get custody of the child but would surely get visitation rights.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
if she is not willing to left her father and live with you and you are willing to live with her then file a Restitution of Conjugal Right petition before the court under section 9 of Hindu Marriage Act along with an application u/s 26 of Hindu Marriage Act for child custody.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Hello,
1) You can either send a notice asking your wife to come back to you and resume marriage or file aa RCR petition so that there court orders her to resume her marriage.

2) You both will be counseled and if she still persists about not staying with you then you can obtain divorce on that ground.

3) You can file for child custody.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You shall have to decide as to what do you want from this matrimonial relationship. If yiu think that you should call it a day, hen file a divorce suit on the ground of cruelty and desertion,

2. You can also file a child custody case since your son is 6 years old wherein you shall have to establish that  you should be given his custody for his welfare.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. If you want to terminate your marriage then you may file for divorce on the ground of desertion.

2. The issue of child custody has to be decided in child custody proceedings, independently of the divorce case.

3. If there is an agreement between both of you then you may file for mutual divorce.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi, you have to file a petition for divorce on the ground of desertion as you have stated she is deserted more than 7 years so you have a good case on merits and court will grant divorce on the ground of desertion.

2. You have to file a petition under Guardian and wards act for custody of the child.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You can ile a divorce case seeking dissolution of marriage by a decree of divorce on the grounds of cruelty and desertion as well as non-cohabitation.  You can also file a petition under guardians and ward act seeking child custody and in that itself you can file an application seeking visitation rights as an interim relief. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0