Legal Question in Family Law in India
Child Custody and Divorce
Dear Sir,
I have been married for last two years.
But since the begining we have problem because of my inlaws interference.My wife has mentally tortured me a lot since my marriage.We have a little baby (son) who is an American Citizen.Currently I am in India.Since March 3rd 2002 , my wife left me and currently staying with her parents with our son and not willing to come back.She is not replying to my emails.I would like to divorce her and also would like to have the custody of the son.I am financially much batter off then her.What are the possiblity that I will get the custody?And How soon can I get the divorce if it is a contested one?She id threatening me to put me in jail coz od Dawry.Which is not true.What can I do for that?
Thanks in advance.
Sam
3 Answers from Attorneys
Re: Child Custody and Divorce
it is better to go for mutual divorse and settlemet to save time and tension. Mediators can be arranged if you want.
leagaly speaking though you don't have grounds you have to give full details about your marriage
caste,custom etc
warm regards
Re: Child Custody and Divorce
You have not given the facts regarding your religion, date and place of your marriage, yours and your wife's place of residence etc, without which it may not specifically be possible to advise you properly.
However, generally speaking, it may be possible for you to get and divorce and the custody of the child. A contested divorce may take between 3/4 years.
regarding your wife's threat of filing a criminal complaint, it would be advisable for you to get an anticipatory bail, but only after the divorce suit has been filed.
Re: Child Custody and Divorce
Please furnish the following information.
1. What is your nationality, religion, place of residence and Place where the marriage took place.
2. What is the nationality and religion and place of residence of your wife.
3. You have been married for two years and have a child. For the past three months you have a dispute with your wife and she is staying with her parents and she is also complaining that you are demanding dowry.
4. Now unless the religion is known, I can not evaluate the ground for divource and frankly given the circumstances an application for divource at this stage could be counter productive and can lead to a strong inference of dowry demand. You will have to prove that there is no demand for dowry once complaint is given.
I'm afraid that you are legally not on strong ground from what you have disclosed. Please furnish the full information before I can advise further.
A contested divource coupled with a dowry case can take several years and may not be granted.
Thank you,
N. Ramaswami