Legal Question in Family Law in India
hello, Myself staying in vasai, staying in joint family with my parents and my wife and duaghter ( 3 yrs old).There is always dispute on small issues between my wife nad mother , my wife behaves in very stange manner she would leave the home without telling anyone. Sometimes whe even creates a lot of scene, her only demand is to get separate which im not in favour of doing so, recently we had a fight and she pricked my anger enough tht i lost my temper and hitted her and abused her mother, for which i asked sorry to her mother.She threathend me tht she will go to police station and coplain against my parents.however she didn't d any sort of things. Im very attached to my daughter and i cannot live without her. i want to know if i need divorce on wht grounds can i get and will i get custody of my daughter? My wife is not working but her family runs thier own shop. pls help me
1 Answer from Attorneys
you may file a case for divorce on the grounds of cruelty. Her demand for seperate house is cruelty. Other issues are also good examples of mental cruelty.
You may not get custody at this time because daughter is three years and up to five years of age mother gets it by law. Till then you will have to go by visitation rights which you may seek by an application before the court.
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