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Mohit Jain (Abc)     15 June 2012

Urgent divorce and custody

 

I got married about a year back. And the rift in my relationship was there from day one. Now it has been almost a year of marriage and we have an 1 month old baby boy with us.

Now my wife has deserted me on ground of in-compatability with my parents and has taken our baby with her. And this kind of desertion has not happened for the 1st time. I have given it atleast as many as 10 shots in the past to bring and pacify her. But all in vain as her mother did the same during her early years of marriage till she got her husband to move away from his family as per her wishes.

What should be the ideal protocol for me to get divorce from her and get the custody of the baby. As it'd been an easy mutual divorce had the baby not been there but now either of us does not wants to give up the FULL CUSTODY.

Please help me.. As a father a parent a son a husband i know what am going through.. Please Help



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 June 2012

Try to resolve the matter by involving some elder relatives and patch up the matter as you have to think about the baby too.  The baby is too small for you to get his full custody now. If she is not allowing you to see the child then, seek visitaiton rights through court.

MRRpersonality (Knows very little about Indian laws)     15 June 2012

@Mohit:  Sorry for being very frank, but your wife will get the full custody of the child given that the child is only 1 month old.  It is not doing justice to your child to separate from the mother.  Your marriage is only 1 year old.   What are the serious and grave complaints your wife has that calls for desertion ?   Involve elders and well wishers and get her to start reasoning.  If that effort fails, then file for section 9 HMA for restitution of conjugal rights and bring her back home.   If her complaints are not reasonable, then the mediators will try to restore your marriage.  If her complaints are reasonable and serious and if separation is the only option then let it be.

 

Many women go through post-portum depressions due to the whole process of delivering the baby.  They might do crazy things.  Get her to consult a good doctor who is experienced in these matters.


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