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Divorce and child custody

We are Married since 4 years and has a Daughter of 3 years. Since starting my wife is very Arrogant and Of Rude Behaviour.. Any time on any reason she gets arogant and start misbehaving, fighting and Arguing with me and With my Family as well... I informed her Parents many time about this and asked them to come and discuss about the Matter but they had never talked in this regard.. Instead her mother is keep on Encouraging her to keep doing all these things. Recently my Mother expired due to illness.
During 13 Days of my Mother death also she had continue doing all these things, I called her father at that time and again he had not shown any response. In these 4 years 3 time my Wife tried to hit me. I want Divorce and also want custody of my 3 year old daughter. My wife has sudden moond swings, any time she gets angry anytime she gets normal

If any 2 or more people taking with eachothere then she thinks they are discussing about her. She keeps on doubting everyone that they are discussing about her. And she keeps on arguing with me ... Please suggest me what to do.. How can I get divorce and custody of my Daughter.


 6 Replies

Sankaranarayanan (Advocate)     14 June 2021

Consult local lawyer and act according advise 

kavksatyanarayana (subregistrar/supdt.(retired))     14 June 2021

Consult a local advocate and file a case for divorce.  Child care is the mother and you can get visitation rights to see your daughter if you will get divorce from court.

Vasundhara Singh (Student)     15 June 2021


I would like to advise you that before taking the step towards divorce, you exhaust all other options of settling matters between you and your wife as divorces can be difficult for children and affect their life for a very long time. If you don’t want to go through the process of divorce, you can settle the matter amicably within the family itself to come to common grounds and consent to living together without any intervention from the court. If the issues are not concluding, you can go for mediation which is out of court settlement process. In mediation, a non-bias third party will negotiate things between you and the families so that there is no process of court-involved. It is a more friendly and quick way of concluding without all the procedures of the court and also the child will be kept away from the court meetings.  

Even after mediation if there is no solution, then you can file for divorce at family court under Hindu Marriage Act, 1955. Under section 13(1) of the act, you can apply to the ground of cruelty because you have mentioned that her behavior is affecting you. You can also claim divorce under insanity because of the fact you have mentioned that her mind is not stable and it had become difficult for you to live with her.  

Once the divorce is finalized, the family court decides the matter of child custody among the parents. Under Indian laws, custody can be joint where both the parents have an equal right to the child or one parent will have the right over the child and the other will be allowed for visitation on the days decided by the court. For couples married under Hindu Marriage Act, 1955, the custody of their child is governed under Hindu Minority and Guardianship Act 1956. As per this act, it is mandatory that the custody of the child up to the age of 5years will be with the mother as she is treated as the guardian in such cases and it is deemed necessary for the child to live with the mother at that age. Therefore, in your case also the custody of the daughter will be with her mother as she is 3 years old but if you can prove to the court that the mother is not stable enough to take care of the child or she will be a threat to the child, then the court will take into consideration that the custody is given to the father.  


Vasundhara Singh  

P. Venu (Advocate)     15 June 2021

The posting suggests no cause of action for seeking divorce on the grounds of marital cruelty. You may try for an amicable settlement or, if unavoidable, settle for divorce by mutual consent. 

T. Kalaiselvan, Advocate (Advocate)     16 June 2021

If the situation is not feasible or possible to continue with this married life then you may decide to quit the same by filing a petition to dissolve the marriage by a decree of divorce through a court of law.

As the child is just three years old, you may not get the child custody, however you can get the visitation rights to visit the child periodically as per the schedule the court may approve.

You may have to file a separate petition seeking child custody.

You may discuss with  a local advocate and proceed as suggested.


sonam ranjan   20 October 2021

It is a painful process of getting divorced from your spouse. The most struggling part is to get custody of your children. the entire journey of separation is ugly but settling the matter of child custody is even uglier. 

In the case of a minor child, both the parents have an equal right over the child after divorce. If there’s no mutual consent, the family courts decide who is going to stay with the kid and make major life decisions for him or her.

Parents are experiencing tons of separation. Adding to the worst, it’s the complications of getting custody of their biological children. it’s a battle that none would want to lose.

 the simplest way is to contact the best custody lawyer who can guide you within the whole process and save you with bare minimum stress.

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