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Notice from wife for divorce

(Querist) 05 March 2013 This query is : Resolved 
Hello Lawyers,

I have never been in police or court cases and as a result i don't have any clue for notice.

My wife has send met notice for divorce sateting loads of blames of harasment tourcher to her, Mentioning about the money which they spend for marriage. it was a very low profile marraige in a village.

She had an affair with his boss in a hospital and she is a psychological counselor, so has been forcing me and putting loads of pressure on me with her words and strategy. I have forgot the affair issue beaucase my son was very young 1 yrs at that time. She has the swing of mind after some time where she behaves un-usual and leaves home with out informing me and come back after some months. She is very carrier oriented but couldn't work properly in any company. Always leaves company after fights with bosses or colleauges.

Now my son is 5+yrs and she is asking for 20,000 RS per month and sons custody. She has kept my son at her mothers place for more than a year without my wishes.

Kindly suggest me what should i do to get rid of her demands and to get my sons custody.

Thanks I am waiting for suggestions
Devajyoti Barman (Expert) 05 March 2013
If you do not want divorce then fight the divorce case. You can claim custody or even the visitation of the child.
Do take help of an advocate.
prabhakar singh (Expert) 05 March 2013
But you can not get rid of her maintenance demands if she is unable to maintain her, albeit quantum shall depend upon your earnings and other liabilities you are legally obliged to discharge.
ajay sethi (Expert) 05 March 2013
your wife is working as counsellor . she must be earning enough to support herself . you will have to pay maintenance for child . agree for divorce but insist on child custody or visitation rights
Siddharth (Querist) 05 March 2013
Thanks for your replies.

My wife is 32yrs old and till now she has not setteled for one job for more than 2 yrs. Because of son we quite the job. Now she wants to focus on carrer and son to be at her parents place.
I trying explaining her to work and take care of child too, but her only motive is to grown and earn handsome money.

Whereas i have been working for 10 yrs consistent and know how much effort takes to get a job and continue with your likes or dilikes.

Kindly suggest how to get my son custody.
ajay sethi (Expert) 05 March 2013
you wont get child custody . it is generally given to the mother . you wlll get vistation rights
Raj Kumar Makkad (Expert) 05 March 2013
Nothing to add more as all aspects of the query have already been discussed.


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