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Manu   16 July 2015

Divorce case filed

I filed a divorce case against my wife 2 weeks back as we are not staying together for almost 2 years now. she doesn't want to stay with my parents and in my hometown as well which is in Haryana. Her father said my daughter won't stay here so better get a rented place either in gurgaon or delhi. Basically they want to separate from my parents. I have a kid of 18 months and she took it withh her and staying in delhi withh her parents. 

How can I get my kidcustody and what are the chances of getting divorce from her


 10 Replies

Jayashree Hariharan (Advocate)     16 July 2015

please let us know the age of the child and whether it is boy or girl. upto 5 years of age, the child will be compulsorily with the mother, unless she is not competent enough to take care of the child.

girls will continue to be with their mother, unless... (the same condition as above).

You can file application for visitation rights 

saravanan s (legal advisor)     16 July 2015

the chance of getting divorce depends on how well you prove your allegations (assuming you had filed on grounds of desertion and cruelty) with far as child custody is concerned since the child is just 18 months old you might not get the custody of the child but noone can deny  you vistation rights

ADVOCATE DIMPLE JINDAL (Advocate)     16 July 2015

unless the mother of child is unable to care the kids below the age of 5 years, the custody mostly goes with mother especially with girl child......

ADVOCATE DIMPLE JINDAL (Advocate)     16 July 2015

ya, you can apply for visitation rights...


Manu   16 July 2015

Both the parties sat together with few others we call it Punchayat. In that my wife said I married you just to visit America as I was in America at time of marriage. She said it was her dream to visit America. I was shattered when I heard these words


Now no use thinking about all that.  I suggest you better forget the kid completely and start new life with new partner.  As it will be very confusing for child to understand court, laws, visitation rights etc and it will end up not trusting its own mother and father who could not give parently love to it.  As it is girl child you if you somehow manage to get custody of girl child, who will look after it? a Nanny or your mother should take care of it both of whom cannot give motherly affection.


If it is possible talk to wife and convince her to live with you for sake of girl child.  If she agrees ok.  If she wont, dont file any visitation rights case or G&W case, all no use, simply kid will get torn in between you both.  Think and take appropriate step and stick to whatever decision you take.

SuperHero (Manager)     16 July 2015

@Manu - Life is full of surprises...Wait and see how many you are going to listen..

In Today's World - very few people adjust and go.. Better take a rented house near your Parents and all are happy..

Manu   16 July 2015

She doesn't know about case filing till now. Can she file dowry harrassment or other charges to me even after 15-30 days of case filing? She works for a small company where there is no ID card no direct deposit salary, how will I prove court that she is working.

Arnab Banerji (Mob:- 92-3001-3001 CIVIL & CRIMINAL ADVOCATE     16 July 2015

Since she deserted you and did not lead a conjugal life with you after having children that to for a period of two years, all you have to do is to prove this in the Ld.Court over your divorce suit. You will get decree of divorce. Regarding child it will have to fought over a separate suit of child custody in Misc. Case filing at District Judge's Court. If you prove that you more better a father than the mother then considering all the aspects that is the age of child etc. you may get the custody. But since your child is now 18 months old chances are negligible.   

Prasad (Systems Engineer)     17 July 2015

Hi Manu...


"Child should be with mother till the age of 5" is absolute non sense. 


It may be law but not ethical and sensible.


It is every child's right to have both father and mother especially till the age of 5 and more till Child can decide who it wants to live with.


So, please do not file any case for custody or visitation rights.


In fact, do not file any case yourselves first and wait for your to take action.


Let her prove her cruelty to court via her cases and then you apply and get divorce.


But never accept to loose access to your kid.


Seems, you have lost all love and trust on your wife.


But still you should not take legal way first and give all powers to your wife and you are seen bad by everyone and the law.


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