Hello,.Firstly file a case for restitution of conjugal rights.
Moreover all your queries will become relevant only if she files a divorce .
Regards
Contested Divorce
My wife is asking for mutual divorce for last 1 yr by giving some reason of "irresponsible & immature" as she don't have any proper ground against me. Actually she has got involved with her boss, which she can't mention. She is staying in her paternal house and has kept our son (3 n half years old) with her and going on provoking to give mutual divorce. I don't want to give divorce and want equal custody of my child. My questions are:- 1. Is it so easy to get divorce with these fake reasons because she has nothing to prove against me. 2. How long can I hold this divorce if I contest? I know she has been brainwashed and will change once she gets off from this mindset 3. Will I get equal/joint custody of my son during this period and after? 4. My wife has a plan to admit my son in a hostel (which I don't want), can she do that without my consent? And if she does so, can I get full custody of my child?
Asked 2 months ago in Family Law
Religion: Hindu
8 Answers
Burden of proof is upon wife to prove allegations made in divorce petition
2) contested divorce proceedings take over 5 years fir disposal
3) you can seek joint custody of your son
4) if she admits child to hostel seek sole custody f your son
1. if you do not agree for mutual divorce then you have right to refuse to this. Contested divorce takes lot of time to end.
2. Many years.
3. Yes depending upon the merit of the custody case.
4. You can oppose such decision and stop it by filing a custody suit and getting a restraint order on this account.
1. If it is a mutual consent divorce then it will be easy for her but if you want to file contested divorce case then the burden will be on you to prove the allegations and mere saying that she is having extra marital affairs without any proof may not be entertained by court.
2. The contested divorce case may take at least two to three years.
3. Child custody is different to divorce case, you have to file a child custody case and fight for it.
4. If she does that then this will be a favorable situation to you in the child custody case.
1. If you and wife opt for mutual consent divorce, no specific reasons to be shown to obtain divorce decree. Only in contested divorce she has to prove her allegation against you.
2. If she files for contested divorce, she has to produce demonstrable evidence against you or vice-versa and it may take 1 to 1 1/2 years.
3. Since your son is only three and half years old, the custody of your son may be granted to your wife and you may get visitation rights.
4. Your consent will be needed for her to admit the child to a hostel. You can plead in the jurisdictional Court to get full custody of your son, if she admits the child to a Hostel.
Dear Client,
I understand your concerns regarding your wife's request for a mutual divorce and the custody of your child. Let me address your queries in accordance to Indian laws.
Your wife cannot approach the court and request a divorce on mere grounds of irresponsibility or immaturity without supporting evidence. Mutual consent divorce can only take place if both the parties have consented to the divorce. If you do not agree, she would be required to file for specific causes like cruelty or adultery which are difficult without proof. If you try to fight any divorce proceedings being granted, the entire process could be drawn out over years. During this time, the court may order that the case goes to mediation and this may cause her to change her stand. Your contestation will defer the process of coming to a common agreement on the divorce but this should be done effectively. On the issue of child custody, Indian courts are particularly concerned with the welfare of the child and in most cases prefer joint custody. You are still a father and you have rights to see your child, your wife may have the kid most of the time at the beginning but you can fight for joint custody if you are shown as being involved in your child’s life. It would be impossible for your wife to admit your child to a hostel without your consent. You might be able to convince her that such a decision is not in the child’s best interests and could change the custody.
It would be wise to talk to a family lawyer who can assist you in helping you understand these aspects as well as in defending your legal rights concerning the child custody and welfare.
I hope this information brings clarity to your situation. If you have any further queries or doubts regarding this matter, do not hesitate to contact us again.
1. No, the Court will never grant Divorce Decree without proving the case and in the absence of perfect evidences
- Hence, if she files a contested divorce case then you should contest the same.
2. It may take long time
3. Yes, you can move an application before the Court for getting equal custody or visitation right
4. You can file a separate custody petition before the family court for getting custody of the child
1. No, it is not easy at all to get the decree of divorce without having any valid ground for seeking it. You shall have to contest it fittingly.
2. It depends on your Advocate's skill to linger it. Ordinarily it can be stretched for at least 5/6 years.
3. You will get visitation right and can pray for leave for keeping him with you for days in a week. The Court may not allow you to keep your son even for a short while with you since he is a child of 3 1/2 years.
4. If she so wants and you can prove that, you can claim his custody for his welfare.
