• My wife wants divorce and my son is 4 years

My wife wants divorce and my son is 4 years because she wants to live with her nanni & mantel Mother. we are going to take her back but she is giving her statement in police station that she is not going with me. know what is my next step please advise.
Asked 8 months ago in Family Law from Jalandhar, Punjab
Religion: Hindu
1) if wife wants divorce agree for divorce by mutual consent 

2) insist on joint custody of your son 

3) issues regarding return of stridhan , maintenance, alimony etc  have to be incorporated in the consent terms 
Ajay Sethi
Advocate, Mumbai
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1222 Consultations
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1) you will not get sole custody of the child 

2) merely because they have no income source is not sufficient to deny them custody 

3) seek joint custody of the child
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
If you want only the custody of your son then you can file a petition for child custody in the court which will be decided on the touchstone of child welfare. You can get his absolute custody if you can prove that you are in a better position than child's mother to secure the welfare of child.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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My wife wants divorce and my son is 4 years because she wants to live with her nanni & mantel Mother. we are going to take her back but she is giving her statement in police station that she is not going with me. know what is my next step please advise.

You cannot force her to live with you against her wishes. If you do not want to give divorce to her, you may contest her divorce petition to the core and try to get it dismissed.  You can ask for your child's custody by filing a child custody case and get your child into your custody.
This way you can put pressure on your wife to save your marriage.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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i can take my son back it is possible?

Yes, you can file a child custody case and seek custody of your child.



they have no source of income. Only her nanni getting a pension after death of his husband, her nanni & mother both takes divorce from his husbands.

This will be a good and strong ground for you to seek the child custody and can stake the claim on the basis of economic and moral background in which the child may get its life spoiled if it remains under her custody.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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