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tenrique_in (MT)     24 December 2012

Filing for divorce/custody

Can a husband file for divorce when wife deserted him twice in 4 years, spending about 1-1/2 years at her parents home during the desertation period without any sort of contact with her husband, not ready to come back, not giving divorce, not giving the custody of any of the children (one girl and one boy), her family threathening that will not allow the husband to marry any other girl nor will they send the wife back.  The husband's father-in-law has twice tried to physically assault him during his quarrel, which he used to do to show his dominance.  How can a husband get justice from such a wife, who never respected the rights of her husband and also is denying the young children the love and care of their father.  Their allegations are almost baseless and sort of excuses for the wife to desert the husband where in reality she herself cannot stay away from her family for a long time and the wife's father who is the one who provokes and supports her in spoiling her own life along with mine and our children.  The wife's father has always been threatening the the husband's family and abusive to a lot of extent.  So, my question is which are the cases he can file to get what he rightfully deserves.  Is there any case which the husband can file to seek justice as well prevent getting involved in fake cases of DV/498a.  The husband is ready to give maintanence which has not yet been asked by them, but worried about his own two children who have been forced to live with a single parent.



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 December 2012

Dear Querist

you in-laws behaviour and your wife's behaviour comes under the cruelty and you can file a divorce petition before the court with the ground cruelty along with the application for child custody u/s 26 of Hindu Marriage act.

feel Free to Call

rajiv_lodha (zz)     25 December 2012

Contested divorce wil be very difficult.......give trial for MCD talks

tenrique_in (MT)     25 December 2012

Thank you Mr. Qureshi for your reply, pleased to know something good after a long time, but being a Muslim I have pleaded with our (Jamaat) on the basis of Shariat Law for justice and upon my in-laws not accepting this law, which is what is going to happen I have planned to file only genuine and real case, especially for child custody.  I had heard that now arresting under 498a is not at all easy for the Police and they need DCP's permission to do so, they have to do the arrests only as a last resort, they have to give 30 days cooling period something like that.. So I would like to know if these things/changes in the act are applicable to all the States/Police stations of our country.  I am from Karnataka (Belgaum) and my in-laws from (Maharastra) Kolhapur.  Can myself meeting our Superintendent of Police and trying to convincing him of myself/my family being victimized by my in-laws with my applications written for attempts to bring my wife back to my home and a few mobile video clips proving the cruelty of my father-in-law which he had committed when he took away from wife for the first time help my case? 


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