Help getting custody over my daughter

Well, I stay in Adugodi, Bangalore. As far as my wife status of living. She still depends on me and my earnings. She does not have another house to live in and does not work.

Reason for the divorce is that neither of us are happy. There is no peace or happiness in the wedding life at all. Regardless of how much i try and make things work out, she does not seem to be happy with things. Every day is some argument or the other. This is starting to affect my daughter and I cannot let that happen.

Please advise.

Some confusion......U say u r married for 2 yrs & ur daughter is also 2 yrs old?? How come??

Anyways, u go for MCD n agree 4 maint ammount as wel as child custody....this is easiest wayout

1. You can file divorce on the grounds as mentioned in S.13 - common grounds for divorce are cruelty/adultery etc. This is a conteste divorce and may take years in the court and requires you to prove your allegations.

2. Custody of a daughter so young would be a little difficult. 

Consult a local advocate.

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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I differ with the opinion of Mr Bharat Chugh under section 13 of the Hindu marriage act as the author of the post is a catholic as the name suggests.  The Divorce Act 1869 can be invoked to dissolve the marriage between the parties professing Christian religion and who are domiciled in India . It is sufficient that one of the parties who is a Christian when the petition was filed. The original Act has been amended by Act 51 of 2001 for the removal of gender inequality in the matter of grounds of divorce as available to husband and wife under section 10 of the Act. Under Section 10, either the husband or the wife may present a petition to the District Court seeking dissolution of marriage on the ground of adultery, ceasing to be Christian, incurably of unsound mind, suffering from virulent and venereal disease for two years. Not been heard of as being alive for seven years, willful refusal to consummate the marriage, failure to comply with a decree for restitution of conjugal rights, desertion for two years or more, that they have not been able to live together and that they have mutually agreed that their marriage should be dissolved.

I presume MCD is a better option for the above author provided that his wife agrees to it and in the MCD itself if terms for shared parenting could be put forth and agreed upon by both the parties . But maintanence would have to be provided both to his wife as well as the kid , since getting custody of the child below 5 yrs would be a difficult option . 

Both of you better visit a professional psychiatrist and follow the doc's suggestions. Think twice before dive into this vicious legal system.