help_divorce (SC) 01 July 2011

Question on divorce

My estarnged wife has applied for divorce and I have applied for RCR. We have gone through so-called counselling sessions in the court but the lady has made it clear that she doesnt want to return. I have a 2 yr old son and he is currenlty in the lady's custody.

She doesnt want to return because she doesnt like me and my family members. She has applied for divorce under 13(ia) eventhough I have never carried out any cruel acts on her. We have had arguments and quarrels, but the relationship was not so bad for her to seek a divorce. She also doesnt has any evidence against me to prove cruelty. She however is good at making stories and good at crying in the court.

I would like to know the following

Can she get a divorce without proving cruelty?
Can she get divorce simply because she doesnt want to stay with me any longer?
Can the court grant a divorce citing irrevertable breakdown of marriage as the cause?
Can she still apply DV etc on me, eventhough we have been separated for nearly 18 months now?
Is there any way for me to get custody of my son?

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3 Replies

help_divorce (SC) 02 July 2011

can anyone answer my above questions?

Tajobsindia (Senior Partner ) 02 July 2011

@ Author

Can she get a divorce without proving cruelty?
Take: No, one has to prove it on the floor of the Court
Can she get divorce simply because she doesn’t want to stay with me any longer?
Take: No. But the relationship becomes dead !
Can the court grant a divorce citing irreversible breakdown of marriage as the cause?
Take: No, the clause is not yet Law.
Can she still apply DV etc on me, even though we have been separated for nearly 18 months now?
Take: Yes and she can even seek maint. under different Laws other than DV too !
Is there any way for me to get custody of my son?
Take: Do you recollect when you baby was feed; when he used to cry is it not ! So unless you (a father) file a application before concerned court to start visitation first followed by custody the mother will not handover the baby on a silver platter to you / grandparents unless she is in a hurry to get re-married and or efforts of natural guardian should be shown by way of genuine concern for his own flush and blood before court of Law.

kesh kampa (agent) 17 July 2011

i am kesh , we have been staying saperatly for almost 3 years, pending court hearing , but my wife do not apears in the court till now , i need divorce from her , the reason i need divorce is because, she is unfaithfull , and cheater in many ways ,what will be the next step from court can anyone please advioce me