Legal Question in Family Law in India
custody
I am suffering since last 10 years due to incompatibility with wife. I happened to leave good job. she is suffering from depression, but i have nothing to prove it. Now, she makes a allegation on me that i sexually abused my girl (3 and half year old). I have remained a good husband and father to my two children. same allegation was done on my father, 9 years back, now on me. I decide not to prolong this marriage further, but i desperately want my son ( 9 year )& daughter with me, so that i can take care of their life, atleast. what is the best advice you can give me. All my relatives and friends knows suffering i am undergoing since 9 years. Now, she took away my childrens, since 6 months and i am mentally affected with the separation of my kids. I need to live for my kids and see them not affected by our conflict. I am presently in Qatar and my wife in india.
8 Answers from Attorneys
Re: custody
you can file for divorce and also seek custody of teh children if you are able to show that due to her illness you wife is unable to take proper care of the children
Re: custody
better approach a lawyer through your relative and file for divorce and take custody of your child, but you have to prove that you will take good care of your child, how can you prove when you are in qatar and she will use this ground to separate the child and harrass you.
It is better to think over the matter and discuss with your family as to who will take care of your children then proceed further, dont be in a hurry and regret later.
Balasubramanya.
Advocate.
Re: custody
If you have decided to seperate from her, you have to file a case for divorce. If you want your both children back, you have to file a seperate case for custody showing that welfare of children lies with you and not with their mother.
Vishwa Arya
Re: custody
come to india and file divorce and custody cases and get rid of her.
as per the recent judgements hopefully the proceedings will not take much time.
Re: custody
The best course for you would be to file for divorce and also for custody of the child. Since you are in Qatar, you may do so through an advocate in India; you need not come to India for filing the petition, though at the time of final hearing of the case, you must be present in court.
Re: custody
The facts given by you are sufficient to constitute cruelty, a ground for divorce, upon you by your wife; you are also entitled to seek custody of your children by filing appropriate petition in a court of law. You have a strong case with very high chances of success, though a lot will depend upon the evidence you are able to produce in your support.
Re: custody
you have to approach the INDIAN court and to seek custody of children.You may also file divorce to get rid from your wife.Take advise of an advocate.
Re: custody
File divorce case against your wife on ground separation and or cruelty in India and this you can do through attorney.
You may also file case for custody of the children against your wife. You are father and natural guardian. Take proper advice from lawyer
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