Legal Question in Family Law in India

Re: Divoce matter

(a) yes, the consent can be withdrawn by her without assigning any reason.

(b) she will be entitled to pursue her remedies as per law including filing divorce petition on cruelty grounds;

(c) you will also be entitled to pursue your remedies and may institute a petition for restitution of conjugal rights;

(d) the law regarding custody of the child is not different in case of mutual divorces; the custody of a female child upto the age of 5 should go to mother;

(e) you may get visiting rights depending upon your job, financial capacity, place of living etc,. the court will decide these issues depending upon facts and evidence produced in the case; there is no strict formula; your wife may be allowed to retain custody of her child even after remarriage, there is no bar on that; these issues are decided keeping into mind the financial and social status of the parties. In custody matters, the paramount consideration is the welfare of the child.

Re: Divoce matter

yes she can withdraw teh petiton.

She can file for divorce under cruelty

in mutual consent teh teh custody matter has to be decided mutally

Visitation rights you can get no fixed rule regarding teh number of times

Re: Divoce matter

too many questions and all absurd... i again suggest you to consult a good lawyer for this

and consult only in personal meeting.. why u are not serious for such a serious issue.

u can consult me personally

Re: Divoce matter

Great discussions do really should go on between you and your lawyer before taking any steps in family matters. Since if the opposite party is ill-advised against you then she may use the dowry weapon against you.

Better to have a good thinking and shrewd lawyer who knows the case on hand and can ready mind of people very well.

Just don't rush upon things but plan it discussing with a good lawyer. Because I have found my own collegues (lawyers) faulting initially and then the client suffering.

Re: Divoce matter

All family cases are very fact specific. Its not possible to give specific answers, but I will generalize some points: -

Keep your restitution petition pending with court until the mutual consent divorce is decried by court. After the divorce, the restitution petition will become moot. If no divorce, then you can continue with restitution petition. She has to respond one way or other.

To get divorce for cruelty, she has to prove the case.

Regarding custody of child, in case of mutual consent, it depends upon you and your wife. Child custody is very fact specific and the court will look at the benefit of the child in determining custody rights in case of non-consentual divorce.

Re: Divoce matter

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