Legal Question in Civil Rights Law in India

Divorce & Child Custody

Respected Sir/Madam

I am basically from Hyderabad. I am aged 30 years old. I have got married in 2004 with Hindu rites and customs. I have twin sons namely Sunny & Bunny. My wife quarrel with me many times she left the home to her mother's house with my twin sons. I am very much love with my family. I went to her's house with my relatives and compromise so many times. After compromise i brought my family. I don't know why she is behave like this. On 12.09.2008 again she quarrel with me and using bad words and she left with my children to her mother's house. I am very much depressed and I am not concentrating my job. Daily suffering from mental tension. I tried so many times with my cell by seeing this number she is not lifting phone and I have sent so many messages and I am not getting any reply from her. Can I get children custody to me?. Please kindly give me some suggestions for this problem.

Thanking you,


Asked on 12/31/08, 3:52 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce & Child Custody

Hello.

You should use intervention of your parents and your in-laws. Try to settle the matter amicably and in case if the matter is not settled you may file divorce on the grounds of cruelty and as far custody of children is concerned that they will be with the mother.

To obtain the custody you have to prove that child are not safe with mother.

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Answered on 12/31/08, 4:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce & Child Custody

The children are small. they may need their mom more than they may need you. moreover, you are a working man whereas she may be able to devote more time with the children; the court is not likely to grant you custody at least before the children reaches the age of 5; and even thereafter, it is not certain if you could get custody.

Since you love your family, it may be better if you consider an amicable out of court settlement with your wife and her parents. The matrimonial laws may require you to make some sacrifices for the sake of your family life. The litigation is not likely to help you much in this situation. You may need to work on psycho level and try to make your wife happy. A little introspection may guide you how to change your behaviour so that your wife is always happy with you. It may be considered as a married life obligation.

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Answered on 12/31/08, 7:44 am


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