Legal Question in Family Law in India
Divorce cum custody of the child
It's been 10 months since i got married. Couple of mis understandings between my wife and myself especially due to (a)
her stubborn attitude & unconsolable on the circumstances(b) her dis respect to the husband and his parents
(c) her motive to move me out from my family
(d) what ever she says is always right and she want go ahead on her own thinking without studying pros and cons.
All this has made me sick and tired. Every then and now she will be quarrelling. No respect to my thoughts at all.
She left my house couple of months back and she is staying in her parents. Surprise is that her parents is also supporting her thoughts (no idea on what basis).
Now we have a girl baby too. I am afraid that she will screw my child's career. And more so they are not taking proper care of my child. She and her parents always wanted to have a baby boy. Now that she delivered a girl baby, they are not giving proper care what a baby should have.
My question to you is - (a) what should be the next step i should take so that i will get the custody of my child (b) Is the divorce only way to get my child's custody?
I plead your sincere thoughts on my life.
Many Thanks
Pradeep
3 Answers from Attorneys
Re: Divorce cum custody of the child
What is the financial status of the girl? Please mention that its important.
Well as far custody is concerned you wont get if for another 4-5 years.
You must check if she has not got any source of income then you may send her money for herself and childs support in everyway.
This would help your case strongly.
Please contact personally in case of need.
Advice is free for you.
Re: Divorce cum custody of the child
You can ask for custody of your child . however the court will not easily give you custody of such a small child without adequate proof of danger to the child with her mother. If possible its better to reconcile.
Re: Divorce cum custody of the child
divorce and custody and NOT inter-linked.
There is no chance for you to get custody of the child at least for another five years.
You have not mentioned the financial status of the girl.
In case she does not have any independent source of income, you should IMMEDIATELY start sending her adequate money for her support and for the child's support.
Any delay in providing her maintenance may spoil your case in future.
You may write me back informing your financial status to determine the amount of mainteance required to be sent.
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