Legal Question in Family Law in India

My wife doesnt respect me or my parents and does what her parents ask her to do. She now has left me to study postgraduation without my consent with our 10 month old daughter. Can we file a divorce with mutual consent under the following:

1. I will have full custody of the child

2. I will provide no settlements to my wife

Thanks.


Asked on 5/25/10, 5:40 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The conditions will have to be settled mutually. You may not have your own conditions. If your wife has left within seven years of marriage, it may be presumed that you committed "cruelty" against her. In order to avoid your criminal prosecution and consequence possible sentence, you should try for an amicable out of court settlement.

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Answered on 5/25/10, 8:04 am


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