Regarding divorce
Deepak Kashyap
(Querist) 04 January 2014
This query is : Resolved
Dear Sir/Mam,
I got married in 2009 and in 2012 we blessed with a kid. From the begining we are not happy to each other but doing compromising. Now the situation is neither I nor she can bear to each other. we found that we should live our life independently. At this stage we want to split with full respect of each other feelings. I am a software engineer and my wife had done B.Ed then MA (Economics) but unemployed. I want to take some sugestion through this portal which are as follows:-
[1]. Do I need to give any maintenance money to her. If yes, how much and for how long?
[2]. I think I can give better education to my kid, what is the probability to keep the kid with me?
[3]. What is the process to submit a request in the court.
I would be very thankful to you in this regard.
Thanks,
Deepak Kashyap
Devajyoti Barman
(Expert) 04 January 2014
1. Yes if she remains unemployed. If you go for mutual divorce then you need to give her lumpsum not monthly.
2. Bleak unless your wife so agrees.
3.File mutual divorce petition if both of you agree.
However I would suggest you to give a final try at least for the sake of the child.
malipeddi jaggarao
(Expert) 04 January 2014
As regards legal process for divorce with mutual consent, expert Shri Barman has sufficiently guided you. Take his last words - give a final try at least for the sake of the child. Remember, unless she agrees the custody of child normally can not be given to you. You will be having only visiting rights. If you have love towards your child, you should give a final try. Come with full facts on your differences, elders in this site may give you some suggestions.
Rajendra K Goyal
(Expert) 04 January 2014
[1]. Maintenance is to be given till she get employment or remarried. It has to be given for your son afterwards also.
[2]. Custody is generally given to mother you can get visitation rights.
[3]. Better go for Mutual Consent divorce.
and the best way is to understand and enjoy married life through amicable solution
Shonee Kapoor
(Expert) 04 January 2014
Why don't you mutually settle these issues related to maintenance and child custody.
Otherwise:
1. Maintenance orders are enforceable till her remarriage/ getting job.
2. Child custody of such young child would be given to the mother. However, if gross neglect can be shown, it can shift to you.
3. Either party can submit a petition in court/ you can do that mutually as well.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 04 January 2014
All the experts have given sufficient suggestions, nothing more to add.
V R SHROFF
(Expert) 04 January 2014
If you both need legal separation & [as both of vu do not want to re-marry in near future] GO FOR LEGAL SEPARATION.
IF WIFE NOT EARNING, YOU MAY HAVE TO PAY rS.7000 TO rS. 10,000 P.M. INCLUDING CHILD, AS MOTHER WILL GET CUSTODY OF CHILD, AND U CAN VISIT THE CHILD, OR KEEP WITH YOU FOR A FORTNIGHT DURING dIWALI, sUMMER VACATION ETC.
tHOUG CUSTODY WITH FATHER IS POSSIBLE, IT WILLBE IN RAREST OF THE RARE CASE.
tHE MOMENT UR WIFE START JOB, MTN WILL DRASTICALLY DECRESE TO 50% OF CHILD'S REQUIREMENT.
So, no Divorce, Only Legal Separation. OK.
Educated couple have this problem, in first 5-10 years, ans settle later on.
Educated and / or / earning Wife, invite Quarrel and disturbed Married Life, that lead to Divorce.
V R SHROFF
(Expert) 04 January 2014
Live for others, and you don't have to cry, u r the happiest person, happiest husband/ wife too.
Live for self, with circle of selfishness decreases to only you, invite all sorts of unhappiness, Quarrels, CRY
Dr J C Vashista
(Expert) 07 January 2014
[1]You will have to give maintenance as per your status till she re-marry/die.
[2]If you can give better education to kid, apply for his/her permanent custody which depends upon the evidences of both the parties and law on the subject.
[3]For the process to submit a request in the court engage a local lawyer, give him/her brief, vakalatnama and fees.
