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Mohit Jain (Abc)     15 June 2012

Urgent divorce and custody

I got married about a year back. And the rift in my relationship was there from day one. Now it has been almost a year of marriage and we have an 1 month old baby boy with us.

Now my wife has deserted me on ground of in-compatability with my parents and has taken our baby with her. And this kind of desertion has not happened for the 1st time. I have given it atleast as many as 10 shots in the past to bring and pacify her. But all in vain as her mother did the same during her early years of marriage till she got her husband to move away from his family as per her wishes.

What should be the ideal protocol for me to get divorce from her and get the custody of the baby. As it'd been an easy mutual divorce had the baby not been there but now either of us does not wants to give up the FULL CUSTODY.

Please help me.. As a father a parent a son a husband i know what am going through.. Please Help



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

Mr.Jain, 

 

1. You can file a divorce on grounds of cruelty.

2. Be prepared for counter cases 498a 406. 

3. Child custody would be tought to get since the child is pretty young and needs foster care. 

 

Feel free to talk !


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