Coustody of child
shekar hkes
(Querist) 22 March 2015
This query is : Resolved
Brief: i had married in april 2008, i have two childern 6 and 4 years old. my wife left childs one year back.
? i want apply for Child Coustody and divorce
which one should file first
Isaac Gabriel
(Expert) 23 March 2015
Yourself can file divorce on ground of desertion frmm matrimonial home.Better consult lawyer.
malipeddi jaggarao
(Expert) 23 March 2015
You say that she left children one year back. That means custody is with you. Then what is the need for you to file petition for custody of children? As regards filing a divorce case, you have ground to file the same on the grounds of desertion.
Do not jump into hasty conclusions. You have two children. You did not specify the reasons for leaving you. If they can be rectified, better you reconcile for future of your children.
Devajyoti Barman
(Expert) 23 March 2015
you can file both the suits in one go or one after another.
In divorce suit itself you can file application for temporary custody.
SAINATH DEVALLA
(Expert) 23 March 2015
Desertion since 1 year leaving behind the children is itself a strong case from UR side.Where U not aware of her where abouts for one year? File for divorce on this count and the custody of children will automatically be vested to U.
Rajendra K Goyal
(Expert) 23 March 2015
File case of divorce and mention that she has deserted you and children from last one year also prey the court to confirm the permanent custody of the children living with you.
ajay sethi
(Expert) 23 March 2015
file for divorce
T. Kalaiselvan, Advocate
(Expert) 25 March 2015
Since she has deserted you leaving the children in your possession and staying separately ever since, you may file divorce case against her, child custody case may not be required since the children are already n your custody.
Dr J C Vashista
(Expert) 29 March 2015
In the given circumstances case for divorce from your wife is stronger on the ground of cruelty, however, mandatory separation is still incomplete.
File a divorce case and maintain the custody of your children, which is already with you, hence not required to approach the court.
Contact, engage and consult a local lawyer.
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