Legal Question in Family Law in India

Husband seeking divorce & custody of 3 yr daughter

Sir, where ever i search the net or law, all laws are for women protection, is there any law for husbands, if i want a divorce and custody of my 3 yr daughter on the grounds that my wife is very much stubborn, she wants that everything shud happen accd to her. Me and wife got seperated from our parents + sister, but then too she is not happy. Medically also she is having some prob. Nuerologists told to have her councelled by a psychatrist, but i am not able to take her to one ( she fights with me that ''Am I mad''??. I tried help from her parents. ( they wont respond and tell that it is ur prob. u solve it ). The last option is i want a divorce from her but i want my 3 yr daughter. Please help me out. i will be very much thankful to u thru out my life.


Asked on 1/11/08, 10:45 pm

7 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Husband seeking divorce & custody of 3 yr daughter

In the suit for divorce and custody you have to prove in the court that your wife is not medically and financially fit to maintain a child. if you can satisfy the court you can get custody of your child.

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Answered on 1/13/08, 1:52 am
Nandita Haldipur Haldipur Associates

Re: Husband seeking divorce & custody of 3 yr daughter

you may be able to file for divorce on grounds of cruelty regarding the custody� of child if you are able to show that� it is not interest of the child to remain with the mother then you will get teh custody

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Answered on 1/11/08, 11:44 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Husband seeking divorce & custody of 3 yr daughter

You may file a divorce on grounds of cruelty and if possible if you prove the custody of child in that sense that the child is not interested and comfortable staying with the mother then you might get the custody.

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Answered on 1/11/08, 11:49 pm
G. M. Gupta gmguptaandassociates

Re: Husband seeking divorce & custody of 3 yr daughter

dear

living for urself is easy but living for the one you have brought in this world is not so easy.

before i advice anything to u i just wanna know that whether the women is a bad mother or not. if she is a bad mother then go for divorce and if she is not then dont seek the advice for divorce.

divorce may be a good option for you but do think about the baby angel u have brought on this earth.

a baby will be able to live with seperate parents but she will be happy only with both parents. another important thing is that if you live together and fight regularly then too living together is not good. but if living together peacefully is possible then think about the baby and try to sort out the issues.

she might be agressive but u can find out the reasons for that. do try...

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Answered on 1/12/08, 1:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Husband seeking divorce & custody of 3 yr daughter

Laws seem to be tilted in favour of women because mostly women are unjustly wronged in the society; secondly, woman is more insecure becase after marriage she is left in the company, care and custody of a total stranger.

you need to deal with the situation carefully keeping patience and preservance. you cannot think her as a separate person; but a part of your family;

thinking in terms of divorce and custody of your child may complicate and multiply your problems;

you do not need legal help but counselling at this stage. it is your duty to secure adequate treatment for your wife, who also happens to be the mother of your child. try to be a little more practical instead of being only legal, logical and theoratical.

you may hire services of a counseller without the knowledge of your wife, bring him/her home and start treatment.

divorce is the last resort and is NO short cut a remedy.

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Answered on 1/12/08, 8:28 am

Re: Husband seeking divorce & custody of 3 yr daughter

This is correct that most of the laws are in favour of girls but it is not true that those are only meant for girls only.Men have also legal remedies.You may go for divorce and can also claim custody of child after all you are natural father of the child.In case of need contact with details.Professional charges are applicable.

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Answered on 1/15/08, 9:23 pm
Sachin Sangare Private Practise

Re: Husband seeking divorce & custody of 3 yr daughter

Dear Sir,

I sincerly feel that your wife is in trouble and she desperately needs help. To site an example, if a person is physically not well, he will express it, through his pain, or he will come to konw that that his body system is not right. But unfortunately in the case of Psychic problem, the patient cannot feel the pain as it is in the mind and not the body. You should help your wife because at this troubled time she desperately needs you. The problem with such patients is that they do not want to accept the fact that they are mentally ill. Psychic problem can happen to any one just as physical problem. At this troubled hour you need to be with your wife. Seperating from her will result in devastation of your family life. Consuly a good Psychic doctor in your area and discuss with him about your wife's problem. If possible you can ask him to visit your home. Under any circumstanses do not stop the medications given by the doctors. If possible give the same in tea or coffee so that the patient does not konw. You have to fight your problem yourself, no one will help you.

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Answered on 1/14/08, 12:32 am


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