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shrikanth (asst.manager)     12 August 2012

For divorce and getting my children

i was married on 1st feb 2008. from day onwards she was harrassing. i have two boys. i was already given notice to her for come to live with me. but she doesnt. now i am facing no.of problems. can i give divorce notice to her. she sent so many messages of warnings and her second marriage willing ness msgs all r so many mesages from her dad. i want my child enough sir . pls reply and save me.


 3 Replies

SANJAY JOIL (LAW STUDENT)     12 August 2012

Dear Shrikanth,   think about your sons.  Both of them are less than 4.  They need both of You.  Take help of marriage counselor.     If she really wants to  remarry another person, then let her go, but if she insists for custody of children, you can seek divorce on ground of adultery  whereunder you can get custody of your kids.  Cousult a counselor and lawyer. 

Adv Archana Deshmukh (Practicing Advocate)     12 August 2012

@ Shrikanth,

Try reconciliation first with the help of friends and relatives considering the future of your children. But if your wife have made up her mind for divorce and wants to go for second marriage then, talk to your wife and her parents and convince her for MCD and settle the terms and conditions regarding child access i.e., visitation rights for you and sharing of maintainance of the children etc. As the children are below 5 years of age there is little chance for you to get custody from the court at this juncture, so better you settle for visitation rights for some period.

I am unable to agree with Sanjay Joil regarding filing of divorce on the ground of adultery as from the query there is absolutely nothing from which adultery can be inferred.

Rajan Bhasin (Law Student)     13 August 2012

What is the reason for such advice to file divorce on adultery whereas author has not mentioned any extra marital affair of his wife.

Being a councel or advisor I would request not to promote false cases. Already all our courts have enough.

Please look for some good marrigae counceller and try to solve issues

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