Legal Question in Family Law in India

I married on 27/07/2009. After marriege I came to know her eye side is weak and putting the spectacle of -6/-7 till marry she and her parent never said about spectacle, ours was arranged marriage through internet. She said she was the lecturar but she even can not speak simple english. After marriage once I said u people disclose all these thing. I came from the poor family and now in good position in air-india getting good salary. After that I left evertthing on fate and brought some speaking course as she wish to learn, for eyes purchase Telmax product-EyeMax. For delivery she went to her parents house and told her parents that i mentally tourcherd her , every time i was very much supportive for her and ever never harrashed if she said she don't want to learn i could not do all good thing for her. I found on her part lack of understanding and no.1 stupid. she speak lies or hide the things or twist the thing most of the time. we have one kid 1 yr. After delivery she filed the 498A, and 125A. both the case are going on Nagpur. I'm from Bombay. When i came to know that she is really stupid i started making some audio recording when my elders intervin the matter where every time she said I as such not a bad person. My in-laws playing the game. child is with her. I want chield custody. and don't want to pay single rupee as they lied and hide every thing. can i file case dissolution of marriage. please help me.


Asked on 7/21/10, 5:06 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) You cannot take a decision about maintenance; however, you may place your version before the court and make appropriate prayer. Normally, she should be entitled to maintenance irrespective of facts in your above statement.

(b) The custody of a child below five years is normally allowed to mother; however, you may make an application seeking custody or visitation rights.

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Answered on 7/21/10, 8:42 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

1)getting child custody of such a small kid is impossible.You will have to wait till kid is of 6 or 7 yrs old. you can get visiting rights. you can file petition for dissolution of marriage.

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Answered on 7/23/10, 5:24 am


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