Guest
(Querist) 15 March 2012
This query is : Resolved
Can anyone please let me know how to proceed legally to get seperated by a man mentally tortured by his wife?
..As they got married 1.5yr back and now with a baby boy...but the wife hardly stayed at the man's place for 4 months in this time...and is never interested to stay with the man.
Shonee Kapoor
(Expert) 15 March 2012
Divorce on the ground of cruelty.
Be prepared for legal backlash, if they hit back with a vengence.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Deepak Nair
(Expert) 15 March 2012
The allegation of mental cruelty shall be proved beyond doubt for getting divorce.
If she is not willlig to stay with you, then convice her to file a petition for divorce by mutual consent.
ajay sethi
(Expert) 15 March 2012
agree with experts . however try for mutual consent
Guest
(Querist) 15 March 2012
Thank you for your quick response. Is their any possibility to claim for the custody of the child and kindly even let me know the details about the maintenance amount for wife in the case of mutual consent.
ajay sethi
(Expert) 15 March 2012
maiteance amount depends upon your income . whether your wife is earning or not . custody of 1 year old son will be given to mother and you may get visitation rights
Raj Kumar Makkad
(Expert) 16 March 2012
Income of both sides shall decide how much amount of maintenance can be given to you wife. custody of your child cannot be given to you in the given facts.
Shonee Kapoor
(Expert) 16 March 2012
In Mutual consent, everything alimony, maintenance and child custody issues has to be settled mutually.
Though maintenance and child custody can be reopened anytime. It is better to put it in writing during MCD.
Why waste precious time in court.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 16 March 2012
In case it is not mutual consent, I agree with the experts, that the same would be dependent upon many things like income of both the parties and the liabilities of both the parties.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 March 2012
Only 1.5 yrs married life. go for Legal separation.
Deepak Nair
(Expert) 18 March 2012
Well advised above.
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