Divorce application

If your wife is such an ignorant for the child and child is now 8 yeears old, you can have custody of your child. Generally on custody application for up to 5 years of children's age, mother is given custody. Buth in this case, your child is 8 years old and as you claim your in-laws too have seen you taking care of child, you can have chances of getting cutody.

As far as matter of divorce is concerned, its your own choice about your action. If you think you should move forward for divorce, you can have the same on the ground of mental cruelty.

Goutam Prasad

Advocate

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Two options are suggested;

Option A
1. Talk to your wife on MCD (Mutual Consent Divorce) with custody of child remaining with you and alimony paid to wife to re-start her life. This is fastest option provided both agree to terms and conditions and if agreed then takes 6 months for a divorce decree.

Option B.
1. File Divorce using Mental Cruelties ground as found in Hindu Laws along with Application for Custody of child using GWA custody laws in a jurisdiction Family Court. Also file a separate Application for not to disturb ordinary residence of Child since he is studying and child welfare under challenge rests with natural father being natural guardian as per Law.   
2. Prove grounds for Divorce and prove you are a better father in Family Court and get decree in divorce proceedings along with custody of Child.
3. If wife not working then she is eligiable for maintenance from you.
4. Here the divorce case can be filed living under same roof and only thing that has to be taken care of is cohabitation as husband and wife before the society they keep.  


Now, you may have 101 more doubts to above suggested two options which can be clarified by a hired Lawyer as legal online forums have reply limitations.

In option A alimony is a lumsum agreed sum paid by you to your wife for mutual consent divorce.

Option B may take some years to decide and some retaliation from wife side may also be faced by you and if you have somehow sustained jolts of marriage from past 8 years bear the retaliation for few more years till option B petitions are decided by Family Court. Donot change residence (the rented place).  

Keep your immediate Section Officer (in writing) in confidence once you go ahead and use Matrimonial Law of the land as you are Govt. servant and in case your wife uses complaint cases as retaliation then Bail and related proceedings have to be brought to Govt. service knowledge / records. Keep alleged to have thousands of call recordings safely without tampering original media as they may be considered by respective Court as and when respective case goes on trial. May be good to have some date/time stamp digital pics. of her acts of cruelties which are detrimental to your matrimony safety and security before opting usage of Matrimonial Laws is also advised. Daily read last 50 discussed family law messages to understand the matrimonial laws.

Dear Sir(s)....

Thanks a lot for guideance...

let me add something more:

1. my wife usually give me phone call that she is moving away from home on one reason or another. she is working (against my wish since i always suggested her that my salary is so handsome that i can take care of her and my son in best manner) and whenever she faces any difference with her collegues, she came home with frustrated mind and usually gave me threaten call. all these calls too are on voice record to me and when i reach home, she just laughs and say nothing. in once case, when i rushed home after her threat call, i found her sitting on bad in quilt with a suicide note in which she wrote that "she is dieing of her will and no body is to blammed. she further wrote that her son to be given custody to his father." i told her what is all this. then she says that she was joking and wanna to call me home immediately.
2. that suicidal note is still with me and i says her many time that if i show that note in any court of law, the court will grant me divorce immediately.
3. sir, i have never touch smoking or liqueor or non-veg in my life. our family is too God Fearing.
4. my wife too knows well that i records acts of her and she thinks that these are of no use. actually i too think so that these will not be used by me in my whole life as i m not dare to face the court. i still believe that one day - God will give me the justice and whenever everything went fine in future, my wife and i will re-listen these recordings and i show her that how cruel time i have passed calmnly with her abused words.
5. i never restict my wife on her activities because she NEVER put me in doubt regarding any other man or so, but still then - i dont know why she need seperation.

6. Sir,

   i wanna add one more line....

   since last 1-1/2 year, we are living in my own house purchased by me in my own name through Housing Loan. the main purpose to purchase the house was:

   1. the childhood activities of my son. he developed an interest of wall painting and my wife always stps him to do so though my landlords never objected for so. So, i bought a home, so that my son donot supress his feelings of doing anything.
   2. secondly, i thought - Residing in own house will perheps change the mind of my wife, but this was not happened till date but actually reverse happened and she became double rude and irresponsible.

please guide me accordingly.....

thanks...

Surinder

09417583939

Sir,

i wanna add one more line....

since last 1-1/2 year, we are living in my own house purchased by me in my own name through Housing Loan. the main purpose to purchase the house was:

1. the childhood activities of my son. he developed an interest of wall painting and my wife always stps him to do so though my landlords never objected for so. So, i bought a home, so that my son donot supress his feelings of doing anything.
2. secondly, i thought - Residing in own house will perheps change the mind of my wife, but this was not happened till date but actually reverse happened and she became double rude and irresponsible.

how to prove mental cruelty? my wife is at family court..accusing me physical nad mental torture..how can i prove my innocence and prove mental cruelty?