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Amit Aggarwal   18 October 2020

Divorce and claiming of child

Dear Sir

This is Ankit from Ghaziabad. I have been married to Vani on Jul 2011. My wife left me on Apr 2014 and she has filed FIR 498A, DV in Agra and maintenance in family court in Agra. The cases are in WIP stage for last 6+ years. We are living separately for last 6+ years and I am giving interim maintenance under DV act. We have one daughter aged 7 years living with my wife in Agra. She is not giving divorce to me nor she is ready to give back my daughter. Her demand is until or unless she get the half of my mother's property she would not compromise. I am seeking legal advice if I can get divorce from her and my daughter back as we're living separately for last so many years while giving interim maintenance  to her....

Thanks

Ankit Garg

Read more at: https://www.lawyersclubindia.com/forum/ma-210588.asp



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 3 Replies

Dr J C Vashista (Advocate)     19 October 2020

File a suit for grant of decree of divorce from your wife in Gaziabad Family Court on the ground of cruelty and desertion.

Continue payment of maintenance as directed. 

You will have to file a petition under section 12 & 25 of the Guardians & Wards Act before District Judge Agra for the custody / visitation rights.

It is advisable to contact, consult and engage a prudent lawyer for appreciation/ analyses of facts/ documents, professional guidance and necessary proceeding/

Advocate Bhartesh goyal (advocate)     19 October 2020

Yes,you must initiate divorce proceedings as suggested by expert Dr Vashistha without any delay and also file petition for custody of your child.

P. Venu (Advocate)     19 October 2020

Yes, custody of the child in preference to the mother would be allowed only in exceptional circumstances.


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