Divorce

Querist : Anonymous (Querist) 15 October 2018 This query is : Resolved
Me and my wife are having quarrells from the marriage our marriage was happened in 2016, we have got a son in 2017. My wifes mother harrased me to write some property on my wifes name. The Property came from my father through registered WILL which my father aquired by his earnings. My wife always threaten me to file a case in police station and she wants me to get in to jail. Once she had given complaint in police station that she had beeten by me, and she went to her mom's home with my son. I want to take divorce. Is self acqired property of my father can claim by my wife and my son. My father is expired and he written property to me through registered WILL.

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Isaac Gabriel (Expert) 15 October 2018
You are perplexed with attitude of your wife and intend for divorce.S he has deserted you.Go ahead and issue notice.

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Dr J C Vashista (Expert) 16 October 2018
Instead of case of restitution of conjugal rights u/s 9 HMA, 1956 it would be appropriate to move divorce petition u/s 13 (1) ia) (ib) HMA, 1956 on the grounds of cruelty and desertion (if applicable in your case) through a local lawyer, seeking custody of your son (separately).

Vijay Raj Mahajan (Expert) 16 October 2018
So it's your property through Will of your father, don't give her part or full, she has no right to get it during your lifetime.
Seek dissolution of marriage on the ground of cruelty for all her acts done throughout this period.
Seek the custody of the son, although the child is too small for the court to give you, however you will get visitation rights. Moreover the application for child custody will be having mental effect on your wife to settle the matrimonial disputes amicably.

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