Legal Question in Family Law in India

dear client u can ask divorce on the ground of mental cruelty. it will take one or two year to complete. if u both husband and wife are ready for divorce then file mutual divorce. it will get in six months. custody of child remain with wife because court will not handover custody to father untill 12 years of the age. u have to give them alimony or maintenance. for any legal help call me on 9422611385

ADV PRASAD PATIL

HIGH COURT, BOMBAY

&

DIST COURT, PUNE

Answer to your questions:

1. how the divorce process will be ?

If it is by mutual consent it will be easier and quicker, else it can take 2 - 3 years. And will be costly for you too.

2. Will there any effect on my job in gulf

No it will not - as long as there are no issues related to physical violence.

3. what will be my losses in terms of alimony

Depends on your income.

4. Will i get custody of 1.5 year old child

Not likely.

1) Your divorce procedure will depend on the marriage process you underwent. Generally when divorce is filed by one party against another, it takes about 2-3 years. Mutual consent is the best way ahead where by the parties amicably settle dispute.

2) Your job in the gulf will not be affected but you will be needed in court during specific stages so you have to arrange your leave accordingly.

3) Alimony is based on the need of the wife and your income.

4) Custody of the child is not likely.

u can file divorce on ground of cruelty and may go for judicial seperation generally custody of minor remains with mother bt for t benefit of minor u may try and she can claim maintenance untill she re- marry or settle mutually

If your wife is ready for divorce than you can go for mutual consent divorce. You can get the mutual consent divorce in six to seven months and will have to be here in india for 2 to 3 times. your job will not get affected. Custody and other terms can also be negotiated.

The answer to your queries are here in below:-

1) There are two ways to get Divorce 1) mutual and 2) contesting divorce

2) No

3) It depends on various factors and your status.

4) No but if your wife is leading an adulteress life then YES..

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