Divorce Notice

Querist : Anonymous (Querist) 23 August 2010 This query is : Resolved
Dear Experts,
My wife living separately with her parents for last 3 years. 2 year back she filed a false 498a complaint against me and family but FIR not registered till now. Immediately I send notice for her consent on mutual divorce but no reply. Now more than 3 years passed and she is not willing to join i am thinking of divorce.
Is it necessary to send notice again to ask her join me or straight away go for divorce in court?
Can I get custody of my daughter 4years old since wife is working(nurse) in Shifts. i.e monthly one week night (7pm to 7am) and 7am -1pm and 1pm-7pm. Can we show this for getting custody?
Thanks in advance.

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adv. rajeev ( rajoo ) (Expert) 23 August 2010
You can file a divorce petition under desertion ground.
You seek for the custody of the child, but up to 7 years child should be with the mother and she is the only person who can take the care of the child better than father.

Rajeev kulshreshtha (Expert) 23 August 2010
There is no need to give notice for divorce petition. As Mr. rajeev said that the ground of desertion is available for you and the previous notice will help you in that case. In relation of custody of child advise of Mr. rajeev is correct.

Devajyoti Barman (Expert) 23 August 2010
Sending of notice would be non help. You rather file a case for divorce on the ground of cruelty or desertion and pray for interim custody of the child including visitation in the same suit.

s.subramanian (Expert) 23 August 2010
I fully endorese the view of Mr.Rajoo.

G. ARAVINTHAN (Expert) 29 August 2010
As suggested by Rajeev, better you file an application for divorce on the ground Desertion

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