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Vipin Kumar (Software Engineer)     10 November 2016

Custody in case of divorce

Hi All;

I am going through a tough situation, my wife is having an affair and despite being acknowledge against me, she is not verymuch willing to continue on marriage.

I am very much scared and not sure what to do. She is some time try but i always find her talking to other person. We have a eight year kid and i am very much emotionally attached to him.

I want to very clear here,  i dont have any affair or any desire to take divorce incase she is fine to live with me but not like strangers. 

I have some questions, 

1. If my wife want to take divorce to marry the other guy what will be ground for the divorce. 

2. If we agree on divorce for mental pieace as she either talk to me angerly or not talk, who will own child custody.

3. She also has income, which is not enough to support child study but fine for her to survive. 

4. In case of her marriage and if i choose not to marry and want to keep my kid will court will favour me or her.

I am in deep emitonal drainage due above issues can some one suggest legal complication and implecation of it.

 

Regards;

Vipk



Learning

 5 Replies


(Guest)
Stop drinking. Take MCD. Forget kid. Don't remarry. Be happy.

Vipin Kumar (Software Engineer)     10 November 2016

first of all i dont drink, i am a simple hindu vegetrain family person. Not sure why you wrote this.

if you cant give advice please leve it.

Sachin (N.A)     10 November 2016

Originally posted by : Vishesh Chauhan

Hi All;

I am going through a tough situation, my wife is having an affair and despite being acknowledge against me, she is not verymuch willing to continue on marriage.

I am very much scared and not sure what to do. She is some time try but i always find her talking to other person. We have a eight year kid and i am very much emotionally attached to him.

I want to very clear here,  i dont have any affair or any desire to take divorce incase she is fine to live with me but not like strangers. 

I have some questions, 

1. If my wife want to take divorce to marry the other guy what will be ground for the divorce. 

If your wife want to marry to someone else, i will not suggest you to contest the divorce, best option is mutual divorce.


2. If we agree on divorce for mental pieace as she either talk to me angerly or not talk, who will own child custody.

If you opt for mutual divorce then you both will decide,  and if you go to court then it will take decades to decide the court and before that you child will take her own decision.



3. She also has income, which is not enough to support child study but fine for her to survive. 

If you contest case against her then earning wife is not entitled for maintenaince and you can argue in court that both parents should contribute towards child maintenaince.


4. In case of her marriage and if i choose not to marry and want to keep my kid will court will favour me or her.

No one can say all will depends how you put your arguments before the court


I am in deep emitonal drainage due above issues can some one suggest legal complication and implecation of it.

 

Regards;

Vipk

 


(Guest)
Originally posted by : Vishesh Chauhan
first of all i dont drink, i am a simple hindu vegetrain family person. Not sure why you wrote this.

if you cant give advice please leve it.

Advise already provided. If ur blind. Take help of someone to read what is typed. Re, drinking. If u r not, good. Keep it that way. Marriage fails, what all it might lead to is unimaginable. I stick to my advice. Stop.being emotional. You will lose everything if u become emotional. Be practical.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     13 November 2016

Mutual Consent Divorce is the best option. Talk to her and give a suggestion that you would keep the child with you and you would allow her to pay some visits which are convenient to both of you and also does not deprive the child of mother's affection.

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