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Nithya (Associate)     29 October 2012

Divorce


It is two years they were married and the couple has a baby girl of 15months. Both husband and wife are working. Because of the family issues they had a fight and the husband went out of home and he is asking for a divorce and custody of the baby. Since the wife want to live with him and she is not ready for divorce and she does not want to leave the baby in her husband's custody. Please advice what can be done from the Girl's side?



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 4 Replies

Goutam Prasad (Advocate)     29 October 2012

As far as custody of child is concerned, the girl can be cool as generally court grants custody of child below 5 years to girl until such extra ordinary circumstances exists.

If wife wants to live with husband, she should file suit for resituation of conjugal rights under section 9 of Hindu Marriage Act against her husband. This suit will prove wife's intension to live with husband.

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A.SUMATHY 9380902017 (LAWYER)     29 October 2012

File Conjugal rites petition, before court.

Adv Aileen Marques (Lawyer)     31 October 2012

Since the husband left the house and wants a divorce, it is for him to initiate legal proceedings. The wife has the custody of the child and she is living in the house. So her immediate needs are met.
The custody of the minor female child will by and large continue with the mother. 


stanley (Freedom)     31 October 2012

A decree for RCR can be passed  but it cannot be enforced on the husband . As husband wants to file divorce let him file for it . It will just get dismissed as there are certain grounds to obtain divorce and not such flimsy grounds . As regards to the child she can have custody and anyway he would be getting visitation rights or may be over visitation over night physcial custody . A child needs both the parents and she should not object for that . Even if she objects at any cost he would get visitation .


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