• Wife wants Divorce

My wife and her parents made me away from my kids for 5 years. After 5 years, the kids have more inclination towards me then her now. She beats me she beats my kids and often show domestic violence by loudly crying and make noise.

She wants divorce from me and she wants everything to be spent by me. My questions are:
1. Is there any simple way to get the divorce or mutual separation.
2. I have two kids 15 years boy and 12 years girl. Who will get the custody.
3. What are the charges for getting the divorce or mutual separation.
Asked 2 years ago in Family Law
Religion: Hindu

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8 Answers

1. If she wants to be separated , then you both can file divorce petition on mutual consent grounds , and this may be awarded within a short period of time. 

- Further, if she is not agree for mutual divorce , then you can file a contested petition on the ground of separation and cruelty. 

2. Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Further, if the mother is not fit for the welfare of the child , then father can get custody

3. Depend upon the lawyer to whom you will engage. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

File for divorce on grounds of mental cruelty 

 

wife abusing and assaulting husband amounts to mental cruelty 

 

3) seek joint custody of your kids 

 

4) wife is entitled to interim maintenance and alimony if she is not working or there is substantial difference in your incomes 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

1. Convince your wife to agree for Mutual Consent Divorce by which you can save time money and custody of your minor children.

2.  If the couple opt for Mutual Consent Divorce, the custody of two kids with you and/or your wife can be settled amicably between you and your wife.

3.  The charges differ from person to person. It may be a minimum amount of Rs. 10k.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1. Yes. You can opt for divorce by mutual consent. Mutual separation is not in existence and is of no use. 

2. Father is the natural guardian of both children. 

3. It depends upon lawyer. Court fee is very nominal. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. If you agree for divorce then you can ask her to sign a petition for mutual consent divorce , this will be disposed very soon within six months too.

2. Child custody is a different subject to that of the divorce, if you want the custody of your children then you have to apply for it separately.

3. The lawyer fee for conducting the mutual consent divorce will be informed by your lawyer. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

1.If both parties are willing, a mutual consent divorce might be a quicker and less adversarial process as the entire divorce proceedings can be finalized in 6 months.
2.Child custody decisions are typically based on the best interests of the children as per supreme court. Factors such as the ability of each parent to provide a stable environment, financial stability, and the children's preferences may be considered. As per supreme Court judgement custody of children over 5 years of age generally goes to the father and in your case the children are also willing to stay with you, so chances of you getting custody of the kids are good.

3.The costs associated with divorce can vary widely depending whether it is contested or uncontested.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear client,

I'm really sorry to hear about the difficulties you're facing in your marriage. It sounds like a very challenging situation for you and your children. If your wife is showing violent behavior towards you and your children, your first priority should be to ensure everyone's safety. Domestic violence is a serious issue that requires immediate attention. You might want to consider seeking help from professionals or support services specialized in handling such situations.

I'm really sorry to hear about the difficult situation you're facing. In India, divorce laws fall under the Hindu Marriage Act, the Special Marriage Act, and the Indian Divorce Act, depending on the religious affiliations of the couple. For a mutual divorce, both parties need to agree to the terms of the separation. If your wife is willing to agree to a mutual separation, you can file for a mutual divorce under Section 13B of the Hindu Marriage Act, which requires both parties to have lived separately for at least one year before filing the petition. However, if your wife is not cooperative and is showing violent behavior, it's crucial to prioritize your and your children's safety. In cases of domestic violence, you can seek legal help and protection. It's essential to document instances of abuse or violence and gather evidence to support your case. This could include seeking medical help for any injuries, keeping records of abusive behavior, and gathering witnesses if possible. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Mutual consent divorce is simple way. It differs from lawyer yo lawyer and case to case basis 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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