Legal Question in Family Law in India
Wife wants a divorce
I and my wife have been married for 3 years. We lived in Bangalore and have a 7 month old daughter. My wife decided to separate from me and move to Delhi. I did try to persuade her otherwise but she is not willing to listen. We did try marriage counselling earlier and it did not work. She thinks I do not love her enough and so she has left. Which is untrue, just I don't express it much. She recently also alleged to her sister that I am an alchoholic, I chain smoke and beat her. All untrue again. I do smoke (not a chain smoker) and I do drink in social events (not too much and possibly once a twice a quarter). And have never beaten her. I financially supported her in setting up the place in Delhi thinking that it will make her rethink, she took the help, but now she says she has made up her mind. Before leaving when I said I do not want to be separated from our kid, she said I could keep her if I can take care of her. I let her take the kid since I thought, if it has to work out it will only work if she is not too hurt. She had earlier said she had not wanted the kid and had her only because of my insistence. She treats the kid fine. Is there any chance that if I agree for mutual consent divorce I can get the custody of the child?
5 Answers from Attorneys
Re: Wife wants a divorce
if you want to take a divorce by mutual consent then you both have to agree to teh terms on which you are taking the divorce. in which you can put your term that you want the custody of the child
Re: Wife wants a divorce
The only way for you to go in for a divorce; if it is by mutual consent, it will help in expediting the proceedings.
Of Course, with or without mutual consent, you may get custody of teh child, if you are keen on doing so.
Re: Wife wants a divorce
if only women applies whatever mind has been given to her by the god then this world will become heaven.
there are women who know how to make their home and they contribute superbly in the success of their husband and children but this breed has become rare.
i have full sympathy for you and especially for the baby who will suffer without any fault.
why dont u try to bring elders in to resolve the issue. well you can seek divorce but see if there is possibility of reconcilliation.
if its seems improbable then finish it off. you can not change the luck of anybody if he/she is eager to destroy his/her future.
as told by you she is ready to give u the custody so it must not be any problem for u but let her have it as may be due to her she may regain her wits, if there is any.
Re: Wife wants a divorce
If you are willing to divorce than you both by filing joint petition move to the concerned court for divorce by mutual consent and in the said petiton you both by mutual consent decide the cusdoty of the daughter and in case if your wife donot agree to give you the cusdoty of the daughter than you may seek the cusdoty of the daughter from the competent court of law. The concerned court while deciding issue of cusdoty will see and consider the welfare of the child. For further query contect me or any lawyer
Re: Wife wants a divorce
Gentleman, the only problem I find is that you lack communication skills. The expression of love is the most powerful instrument if someone can use it properly.
She needs your love; but more than that she needs your communication skills to express yourself openly and oftenly that you really love her; and also to give her a feeling of security and confidence that you love her ONLY. Make her feel that she is important in your life.
Things will change for the better. yours is not a gone case. Please do not consider about divorce and custody. The stage is not set for all those litigative features in your family life.
Try again, and learn/apply the art of expression. She will be yours for ever. Take her into confidence; apologise; talk to her sister and her near/dear ones; do not feel shy; your family life is at stake; and the stakes are too high. DO NOT FEEL EMBARRASSED AT ALL IN EXPRESSING YOURSELF OPENLY IN FAVOUR OF YOUR WIFE. She is waiting for those gestures from your side. Please try.
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