Legal Question in Family Law in India
sir,
I got married about 6 years back and have a girl child of 4yrs -- have filed a petition for divorce in July 2008 from my wife on the ground of mental cruelty and unsound mind and she is suffering from adjustment disorder and this has not been disclosed and she refused to take any treatment to get cured.
This has been confirmed by psychiatrist that we cannot live like this going forward as there would be frequent quarrels.He also said that this is curable. have suffered enough and also when we had a counseling session with a psychologist she said that she is not fit for family life.
In spite of this the trial court decided in favor of my wife recently. I have suffered enough and I am against the decision and want to apply in high court. I have been subjected to mental creulty as she did not allow me to take my child out with me and she left my place on the pretext that she will take the medicines and hasn't returned back since Feb 2007 and during this period there was no communication at all from her side.
psychologist clearly stated in her conclusion 3 years back that due to her non co-operation and over-dependence on her parents is causing a breakdown in relationship.
Please advice whether I have a chance to win this case in high court and I am willing to take the custody of my child.Is the new amendment in Hindu divorce law can help me in this regard.
2 Answers from Attorneys
yes u have chances to win but rely more on cruelty and desertion
Your wife's over-reliance on her parents may be because of your incapability to provide her security in her minds. A better solution could be amicable settlement after you provide adequate care, love and affection. Anyway, we do not predict chances of litigation.
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