File divorce
Shivkumar
(Querist) 19 May 2018
This query is : Open
Sir my self shivkumar. As we living separately since Oct 2016 till date in mid I had a baby on December 24th/2016.i am feeling mental stress as it is being nearly 2years. I am away from my child. As she use to tell lies and as per mindset she doesn't want to live with in laws. As we had married on 2nd may2015. On the early morning of next day of marriages said that your father asked dowry from us. Thing is even a single rupee has not taken from their end. As they had blackmailing on my father. We tell to media etc her mother is lead role in this matter. For some period we together then I send her to hostel to complete her studies but she didn't studied and made torture that she will commit suicide unless I call or talk to her when she says. My parents tried to in every aspects as possible as they can, by family members, as you know In village Sarpanch and some others members. But they refused to talk or neither coming to stay to my home. As now she had left the baby with her parents and went to study her nursing course. As my son in 1yr3months.though I am not able to understand what should I do now. Sometimes I feel depressed and think to end of life but certain things come about parents and my son for whom I want back with me. I request expert please suggest me what action should be taken.
Shivkumar
(Querist) 19 May 2018
Sir even though I don't know my son name and I had seen him once I month of October 2017.pls suggest me what to take action regarding this matter.
Shivkumar
(Querist) 19 May 2018
Sir even though I don't know my son name and I had seen him once I month of October 2017.pls suggest me what to take action regarding this matter.
Shivkumar
(Querist) 19 May 2018
Sir even though I don't know my son name and I had seen him once I month of October 2017.pls suggest me what to take action regarding this matter.
Ms.Usha Kapoor
(Expert) 19 May 2018
You apply for custody of your son as father is a natural guardian of child. after the child completes 5 years in age. The court views the child's paramount consi9deration point of view under Guardian and Wards Act r/w Hindu Mino0r9ity and guardianship act if your are a Hindu and appoints you as guardian of the child.. The court asks the child's opinion also. Try for patch up involving neutral elders of both sides. If that dioesn't work out apply for divorce. If she consents apply for Mutual consent Divorce or contested divorce on the grounds of desertion and cruelty. against your wife. .MCD doesn't take more than 6 months time for your divorce or separation.
Vijay Raj Mahajan
(Expert) 19 May 2018
If your wife is neither ready to resume conjugal relationship with you nor allowing you to meet and enjoy the company of your minor child, than better file for divorce on the ground of cruelty under section 13(1)(ia) HMA and seek custody of the minor child under section 26 of the Hindu Marriage Act,1955. The wife will be coming to court either to settle the matter by divorce by mutual consent or will agree to resume conjugal relationship with you.
The good thing in your case that wife nor her parents till date made any criminal complaint against you for dowry demand or domestic violence, but after moving the Family Court for divorce they may proceed with these complaints so be ready for these too.
T. Kalaiselvan, Advocate
(Expert) 21 May 2018
You can think of filing
1. Divorce cae if the situation is beyond tolerance
2. File child custody case with an application for visitation rights too
Let she challenge it if she is not agreeing for mutual consent terms and out of court compromise.
