Divorce

1.    First hire via reference an Advocate specializing in Indian Christian Family Laws.

2.   Chamber discuss with him parties facts and he will suggest grounds to take as per Indian Christian Divorce Laws.

3.    Face of your brief mere saying I want to retain child custody and on top of it will not pay any maintenance or alimony does not make sense without knowing about parties r/w wife’s details.

4.    Hence, suggested to follow para 1 and 2 only.

1. To get divorce itself it would take years for you if its a contested case of Divorce . Anything between 3-5-7-9-10 yrs by which your time and money would be spent in terms of lawyers fees and up down visits to the court . If she agrees for MCD without any alimoney good for you and the same would be over in 6 months time . Read the grounds for Divorce 

For section 10 of the principal Act(act 4 of 1869), the following section shall be substituted, namely:- "10. Grounds for dissolution of marriage.-

(1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolve on the ground that since the solemnization of the marriage, the respondent

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or

(viii) has failed to comply with a decree forrestitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.".

10A. Dissolution of marriage by mutual consent.-

(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the part es in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be issolved with effect from the date of decree.".

11. Adulterer or adulteress to be co-respondent.-On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on any of the following grounds, namely:- (a) that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed; (b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it; (c) that the alleged adulterer or adulteress is dead.".

2. custody of the child would be decided based on welfare and wishes of the child . Hence if she is awarded custody that you would have to provide maintanence for the child .Normally in India custody of a child below the age of 5 yrs goes to the mother . 

3. If your wife is a able bodied working women having sufficient means to sustain herself than alimoney could have been avoided, if she is not a working women  than you would have to pay her maintanence.

if our divorce will be in mutual consent as per sec- 10 A, then would i pay something for her maintenance & who will be take the custody of the child? please guide me & know me the procedure as per indian law.

The word mutual consent is an agreement by both the parties am i right . 

1. Now go and ask your wife if she is ready for mutual consent with out any conditions like .

a) No maintanence 

b) And that If you can retain custody of the child with you .

If she agrees for all the above  conditions than you are a free bird  .

No man can escape paying maintenance to his wife unless she is employed herself. You will have to pay her maintenance. Dont live in dreams. Open your eyes to the legal reality. Discuss with your wife and settle things amicably. 

SIR,

WHAT IS THE PERCENTAGE OF MY INCOME TO GIVE HER AND WHEN & HOW MUCH MY PROPERTY WILL GIVE TO HER ? LET ME KNOW DETAILS...

Normally its 1/3 rd of your salary that is awarded towards maintanence but there is no hard and fast rule . As for the property she does not have a right to it .

if I have left from job and doing business, so 1/3 of my total income will be given or not.

one third of your income

whether from job or business will be given

If wife produces proof of your income.

In business it is difficult to produce proof of your income.