Legal Question in Family Law in India

contemplating divorce but have an infant child

I am contemplating divorce from my wife due to irreconcilable differences however we have an infant child and I do not want to let go of the baby. I am also afraid that my wife might level false allegations against me of abuse and other such things with support of her family and try to keep the child in the event of a fallout in this scenario what are my options and how should i proceed and what should I be vary of?


Asked on 10/02/06, 6:08 pm

2 Answers from Attorneys

Re: contemplating divorce but have an infant child

kindly tell me which country you belong to.

secondly, these are very sensitive issues, so instead of such open ended questions, it will help you more to contact a local attorney and ask specific queries..

you can contact me if it pertains to india...

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Answered on 10/02/06, 11:04 pm

Re: contemplating divorce but have an infant child

dear sir,

I have seen your query in reply to which it is stated that the best thing would be to handle the case stratigically for which severable sittings are required.However you can file a divorce petition against your wife on the grounds available in law if you are hindu then hindu marriage Act 1955 otherwise Indian divorce act will apply but there is no remedy if your wife level false allegations otherthan to counter the same.you have the remedy to disprove her allegation by witnesses and other evidences.In order to secure custody of the minor you can file a case of custody under the guardianship and wards Act and if the child is above the age of 5 years then being the natural guardian you can ask for the custody of the child. in such cases the courts generally grant meeting or visit right to the father till the finalisation of the case.you have also option to seek custody u/s 26 of the hindu marriage Act.

In case of other query you may contact me on my mobile 9873343288 or e-mail :

[email protected]

Thanks.

siddharth

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Answered on 10/03/06, 5:48 am


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