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Deepak Deb (Service)     11 September 2008

Need urgent help and advice regarding divorce and custody of my son

Myself Deepak, working as an engineer in a private firm,got married on 4th

August 2006.I had an affair with my wife for about 1.5 yrs before

marraige. During that period the relationship was quite pleasent then but

few months before I experienced some incidents with her which made me felt

that she does not like my parents very much, but at times she was also

good to them. Inspite of that I married her coz she was always supportive

during my hard times.After marraige we shifted to Bangalore and then we

went to my native place for throwing reception party. After that I kept

her at her native place as her father was sick and I returned to

Bangalore.
After about 2 weeks of my return I came to know that she is pregnent. So I

asked her to stay back at her native place for few more months. In her 4th

month of pregnency she came to Bangalore and stayed here again for few

months and finally returned to her native town for delivery.During her

stay at Bangalore we had a good times in general.
On August 17th'2007 she gave birth to my son.I was in Switzerland for a

week (due to my official trip) till 15th of Aug and returned to Bangalore

on 17th morning. I had a scheduled visit to her native town(Guwahati)on

17th itself. Her delivery was actually scheduled for 21st Aug but that

happened 2 days before.Anyway I was on time in reaching her native place.
After the birth of my son some incidents made me feel that she is not

willing to keep my baby close to my family members and friends. Instead

she wants to keep the baby close to her family members (father, sister and

other relatives). Anyway after some days I came back to Bangalore to

resume my job.Then I had experienced more incidents which made me feel

that she is not willing to keep my baby close to my family members(my

parents, relatives) and friends. Instead she wants to keep the baby close

to her family members (father, sister and other relatives). Her elder

sister who is also married but does not have any kids.Multiple incidents

happened when she declared that she wants to bring up our son at  her

native place (infact her father's house) and her sister& she herself will

bring up my son.
Inspite of the above, I arranged a ceremony at my native town (on 17th

January'2008) on the occasion of first rice intake by the baby. My wife

along with my son arrived at my hometown 2-3 fays before. Since then she

arrived at my hometown she started fighting/arguing/ showing bad behaviour

towards my family members for silly reasons and some past reasons.And just

one day before the function she ran away from my house without informing

anyone and went to her native place  (creating issue and fighting with my

family members and me and she also said that there was a theft case in her

house). After that the incident came to light and lot of third persons

knew about the incident. That time some annonymus persons also said me

that she was earlier married to other person before me and her ex-husband

died out of cancer. She was basically widow before marrying me. Still I

never trusted these words nor tried to find out the truth of these words.

But if that is the case she has cheated on me. After few days she decided

to come back to Bangalore and finally on August28th'2008 she along with my

son came to Bangalore. But before comming to Bangalore I made certain

terms and conditions with her which she needs to follow in future (which

is documented and in my email inbox), as things went out of my tolerance

level but also want my baby to be with me.During her stay at Bangalore now

we never had any probs. I also used to give her whateva possible she asked

and always tried to be good to her. But I found sometimes that she drinks

alchohol often, though I tried not to encourage her on this habit. As a

part of my job I need to go to Switzerland for 6 mons to 1 year in Nov'08.

I asked her and she also agreed to travel with me and stay there for 3

mons. In that case passport of my baby is also required. I was in the

start of process of making my son's passport, then on 8th Sept she said

her father is seriously ill. But in the same time her expression did not

make me feel that way and she was quite calm. I was upset with that and

said that she can go on Oct 1st week, as I am in the process of making

passport and the baby's prasence is also reqd. then she started arguing

with me and then I said her that she can go but she has to leave the baby

here with me untill I also go to native town in 1st week of Oct. She then

went arrogant and started saying her father wants to see the baby. Then

next day i.e. 10th Sept when I went to office she again left the house

without informing me and booked the flight tickets and went to her native

town. I came to know bout the incident once I returned from office. 2 days

passed she didnt even informed me about my baby or either they reached

home safely. (though I came to know from third person that she reached

home safely) She also kept her mobile phone switched off. There are no

other members in family apart from her sick father with whom I cannot

contact and hersister with whom I dont want to. But things had went worse

for me and now probably I need to give her divorce. And most important if

I give divorce then will I get the custody of my son in this case.



Learning

 4 Replies

Guest (n/a)     12 September 2008

I need you advice..Pl. help me

Guest (n/a)     13 September 2008

Hi "[do not matter does not matter",


I dont know how your reply is related to my question. i planned a family with her, so i married her. bt after marriage things went differently. my parents has never demanded a dowry.


i think u didnt understand my question or probs. i am not able to enjoy the fatherhood of my own son, which i want to do. pl give some releavent reply if you can

Guest (n/a)     13 September 2008

I would also like to know is it possible to send/give legal notice to my wife that she is doing crueltiy to me, not allowing me to enjoy my fatherhood and also she is breaking the boundaries/natural rules of marriage, as she often run away from my house to her parents with my son for indefinite time. I want to enjoy my fatherhood and want my son to be with me.

ashok kumar (advocate)     17 September 2008

Dear Deepak


As per you , your baby is below 5-7 yrs hence you will not be able to get the custody of your baby under Gaurdian and wards . So forcruelty is concerened try to maintain your relation. But if it is felt by you that you are not ready to carry on the relation,  may file  DIVORCE petition but ty to maintain . As these are very usual things , some querral may go on , but my suggestion is not takwe hard decision of Divorce in easy manner. For further information  write to me  


dwimnu@rediffmail.com or dial 09415717501


Ashok Kumar Dwivedy Advocate


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