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Ved (abc)     31 May 2013

File a case for divorce need custody of 7 year old daughter

Hi, 

 

I have completed 10 years of  marriage life and living separately due to worst behavior by my wife since 9.5 years now i want to file a case for divorce but the issue is custody of my daughter who is 7 years old an leaving with my parents because i am a working person and living away since last 3 years .

Daughter has no emotional attachment with her mother and she does not likes her at all so please guide me to to get daughters custody and how to process for divorce and custody case.

 

Wife ann her family member threaten to my family several times and blame on false things 

Kindly assist me



 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 May 2013

Why you need to file a case for custody when your daughter is already living with your parents?

Adv Archana Deshmukh (Practicing Advocate)     31 May 2013

Discuss with a good lawyer your case in detail and see if you can file for divorce on the ground of cruelty and desertion (if you are deserted by your wife). You do not need to file a case for custody when your daughter is living with your parents. If your wife files for her custody then, you defend it properly. If your parents are taking good care of your daughter and she is happy living with them, then the court may let her remain in your / your parents' custody.

Adv k . mahesh (advocate)     31 May 2013

in your case it is better to apply for mutual consent divorce because in this there will be no tension what will happen with the consent of both the partiies you can take divorce and with the behaviour of your wife she will be interested to take and see her new life 

and about child do not raise any custoday petition and keep a oral commitment with your wife not to pressurise for the daughter because by your words she is with her grand parents and they will look after her very well if the point arises from her side then you can contest for her 

and as said above meet a lawyer who will expllain how to proceed 

Ved (abc)     31 May 2013

Hi, 

Thanks for reply , my daughter is living with my grandparents and she is absolutely happy but I just want to take precaution so that in any case her custody not goes to my Wife. So please suggest the steps i can take to avoid.

 

Thanks Once again

Ved (abc)     31 May 2013

one correction my daughter is living with her grandparents

Ved (abc)     31 May 2013

Hi Mr. mahesh, 

We had tried to get mutual divorce but wife and  her family is not agree and they are in abusing mode .

Thanks

Ranee....... (NA)     31 May 2013

if you living separately for 9.5years, how can be your daughter of 7years?

Ved (abc)     31 May 2013

Sorry for typing mistake its 5.9 Years


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