I need divorce from my wife
As mention heading I want to separate from my wife, because of so many dispute. Few are like her family interference is too much. On every matter her family involving unnecessary. She always followed her family advice. I am having 2 years old kid and mentally I am very disturb with her every day quarrel. Hundred times I advice don't quarrel with me I don't like this. But on every thing she will start quarrel.
Pl. advice how to get separate.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
before deciding on divorce try to save your marriage for sake of 2 year old kid . go for counselling . if talks fail then go in for divorce . file petition of divorce in family court mumbai on grounds of mental cruelty etc. please note that if your wife does not want divorce it may take some years for divorce
you want only separation or wanna divorce from her?
if only separation then file a case before district court for separation other wise you can file a divorce case against her before court.
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Advocate, New Delhi
if she agree for mutual consent it is well as this will be granted when in shorter period, if not then for divorce one side . for that u have approach family court at your distict
Advocate, Greater Noida
Divorce should be the last resort when the marriage has broken down beyond repair. If you have a reason to believe that your marriage has broken down beyond repair and reached a point of no return then you may apply for divorce on the ground of mental trauma you have been made to suffer by your wife.
If you desire to keep with yourself the custody of your child then you may institute a case for child custody as well.
In the case, you may get divorce for cruelty and harassment from your wife. However, it may be noted that child's custody is usually given to the mother who is often considered better option to take care and well being of the child; though there exists SC judgments which specifically does not differentiate between mother and father. However, as is observed in many cases the decision to award the custody of a child specifically, under five years rests with the judge who might subjectively prefer handing over the custody to a mother.
Thank you very much for answers.
I have one question, Is there any provision where I can send a warning notice kind of thing, If situation will sorted with this clue then Its okay I will continue with her and my daughter. If not, then No option to think about alternate solution.
Asked 2 years ago
sending legal notice may worsen the issue . rather suggest to your wife that we need to see a family counselor to save our marriage . if in spite of counselling situation do sent improve suggest to your wife an amicable settlement and obtain divorce by mutual consent
You may send a legal notice to her.