Legal Question in Family Law in India

Re: Divorcing my wife

Under the law the cusdoty of the child upto the age of 5 years will remain with the mother.

As in the title deed of the property the name your wife as one of the joint owner stands hence she is having equal right in the property provided if she relinguish her right in your favour.

Under the provision of of law, you being the father of son is having equal right to look after the welfare of the son thus have legal right to see, meet and visit to your son and for that you may obtain the order from the concerned court and at that time your parents my also meet the son with you.

If your wife is not sending the son for school than you may file case in this regards.

To avoid dowry harrassment, it is adisable for you to show your interest to your wife to return gifts and other stridhan.

For further query contect me

Re: Divorcing my wife

you can file for custody and visitation rights regarding the property as she is a joint owner she also has a share.

Re: Divorcing my wife

The reply as follows-

1. In the divorce suit, if you file same, you can also file an application for custody of the child.

2. Your wife may claim share in the joint properties.

3.There are no grounds for not getting a divorce. In the custody application, you can also pray for visitation rights, pending grant of custody.

4. Same as answer to 1 and 3.

5. you can avoid anti dowry harassment. However, you may apply for anticipatory bail.

Re: Divorcing my wife

This is a case that will be taken through multiple litigation.

Re: Divorcing my wife

if you are taking these things lightly only then seek advice here on these fact. you will get only superficial advice here so better contact personally a lawyer of your area or the one you can trust.

if you want divorce then be sure that you will get harassed both economically and emotionally.

you can apply for child custody and may get it also on welfare grounds.

anyway you and your family has visiting rights.

for detailed advice please contact personally with documents. consultation charges will apply.

Re: Divorcing my wife

Your wife can claim her share in the joint property.For your children you can file a case of custody.Details given by you are incomplete.Details of facts are necessary to give any openion on the subject matter.

Re: Divorcing my wife

(1) you can meet the child periodically by seeking visiting rights from the court;

(2) the property is owned jointly, and she is entitled to her share; UNLESS you have reported in your tax returns that entire money was spent by you and that her name is BENAMI. It is also required to be shown by her in her returns that she has "acauired' benami property in her name with your money;

(3) You can take your parents along to meet the child when you get visiting rights from the court;

(4) You can contact school authorities and keep an effective liason with the teachers as also class mates of your child; you may also seek court orders for visiting school and for better and effective interaction with your son;

(5) You should return all the gifts and money received in marriage; make a detailed list; inform the police that you have returned everything and anything else is remaining, you express your readiness to return;

Lastly, try to meet your wife; make all possible efforts for reconcilliation; she is not only your wife but also mother of your child;

even for handling litigation in a better way, it would be better if you meet your wife and seek her cooperation; best is mutual consent - for divorce as also for custody. As far as possible, contested litigation in family matters should be avoided; it is costly and painful.