Divorce and custody

To grant the maintenance you income and expenses will be considered.  If you proved that you have not willfully neglected her to maintain then her maintenace case will be dismissed.

Jurisdiction to file divorce petition:  Where the marriage took or where both husband and wife resided together last.

Thank you Adv Rajeev. Can you please provide your views on other queries as well?

1. Whether I can get child custody?

2. With whom will children live (her or me) before custody is granted to either of us (she is constantly threatening to take kids away in my absence - is that permissible?)

Dear Mr.Kumar, 

1. Whether I can get child custody?

- Depends on a variety of factors, welfare of the child would be of paramount consideration, children are also old enough to make a preference, however having said everything the scales are not 100 % even, the court's tilt would be towards giving custody to mother because of the children being girls of a sensitive age.  In any case you are sure to get visitation rights. 

Bharatji, thank you very much. Your reply is quite clear. Following questions might sound silly, but I'm concerned would appreciae if you can kindly advice.

If I file for divorce, where will she stay before the case is settled? (Do I have to allow her to stay with me or pay for a separate accomodation during this period in Delhi?)

I understand from your reply that she can't take kids away immediately till custody is settled (is that right?) and that means kids will be with me till the case is settled, am I right?

Are divorce cases of older marriages (13 years in my case) different from those which are 1 year or less? Will it be any easier to settle this case with or without mutual consent?

Thank you once again.

Sir, I want to file divorce with domestic violence as a reason. I have a detailed case with evidence against her. Even kids will tesify against her tantrums and histrionics. What should I be prepared for?

@ domestic violence - mental cruelty to be more specific.

@Adv. Bharat Chugh

nice reply in simple language..!!

it appears that both of you are living under the same roof at present.  If so, there is no prohibition for you to file divorce on the ground of cruelty while staying together.  After filing of the case, there are two options before her. 1) Stay with you and contest the case 2) stay somewhere else (in Delhi or Hyderabad) and contest the case.  Once she stays away, she can file maintenance case.  If she goes away to hyderabad, she may file maintenance case there and file a transfer petition in supreme court seeking the transfer of divorce case from Delhi to Hyderabad.  The other best option to you is to go for Mutual Consent Divorce.  About custody of the children, I second with the opinion of Adv. Chugh.  But the problem that lies in custody case is peculiar.  The parent who does not have possession of the children will file the custody petition (separate case) / custody application in divorce case and the parent who has the custody of the children will contest the case. The place where such petition lies is the place where the children ordinarily resides, i.e., delhi. 

"My wife is a very suspicious and controlling woman who doesn't want me to have any friendships or any kind of working relationships. She has made my life miscerable for as long as we are married with her suspicious and possessive nature..."

Doubtful whether this can be construed as cruelty by court.  You need some case laws of similar nature where courts delivered judgments in favor of husband when wife behaved in the fashion as mentioned by you.

If you really love your kids, for god sake don't think in terms of divorce. This divorce remedy becomes worse than the actual problem is. Be patient and try to take your wife to a psychiatrist and set the things right. It is time taking process with long term results or may not yield any result. Still, it is better than roaming around courts making children weapons / tools against each other in legal process. My wife did the same mistake and approached court instead of heeding to my suggestion to visit psychiatrist together as a result of which my son has become socially fatherless. Me, my wife, and my son ... all of us are suffering due to my wife's decision of legal approach. No matter wether is wife's or husband's decision, when the couple have kids, plz think in terms resolving the problems peacefully and don't resort to legal approach unless really it is extreme case. Most of the couple think their problem is extreme and resort to legal approach only to realize that the problem is less affecting than the remedy they opted for is. Think twice when you have kids and really care for them. All the best.