For ages, married women suffered matrimonial cruelty in their marital home by their husbands and in-laws in demand of dowry; and many have lost their lives unable to sustain the inhuman torture. Hence, to control these brutal actions, the legislature introduced various strict laws like 498A IPC in 1983 and the Protection of Women against Domestic Violence Act in 2005, limiting the tortures inflicted upon married women.
However, as days passed, the laws once enforced for the protection of women became a tool for many shrewd and deceitful women to entangle their husbands and in-laws in false cases to extract unlawful gains from them. However, if you can successfully disprove the allegations that your dishonest wife brought against you, you will have various remedies available, divorce being one of them. Wondering how to file divorce in India, here are the ways:
- Contested Divorce: You can file a divorce petition against your spouse on the grounds like cruelty, desertion, adultery and more. But remember, minor misconduct on your part can generate an unfavourable response from the Court. So, try and behave affably with your wife. Also, do not engage in any extra-marital affair before the matrimonial proceeding end, as that can harm the merits of your case.
- Mutual Consent Divorce: If both of you have jointly determined to part ways, mutual divorce is the best option to select. However, before filing the petition, decide on the issues like maintenance, child custody and partition of property owned together.
Consider discussing with the best lawyers for correct legal guidance on how to file divorce in India and fight for your rights.
Child Custody: Do Men Have Any Right Over It as Fathers?
The worst sufferer in any divorce proceeding are the children who have to undergo mental trauma of witnessing their parents part ways. Though mothers usually get the first preference in child custody matters, but after exercising due diligence and extreme prudence, if the Court thinks fit, it can deliver you the custody of the child. Go through the following to know how to win child custody for fathers in India:
- You can claim child custody if the mother is mentally unstable.
- If your child expresses the desire before the Court to stay with the father, you can win custody.
- You will gain child custody if you can show that the mother is of bad character, which will hinder the child’s upbringing.
- You can also demand custody if you can prove before the Judge that your wife is financially incapable while you are not. Therefore, you are more capable of taking good care of the child.
FAQs
My Wife Lives in Adultery; Can I Claim Child Custody?
Yes, you can demand child custody if you can prove the allegation.
What If My Wife Does Not Appear in The Contested Divorce After Receiving the Summons?
The case will run ex-parte against your wife.
Can My Spouse Stop Me from Visiting My Child?
No, your spouse cannot stop you from visiting your child.
Conclusion
Whether you want to know in detail about marriage proceedings or how to win child custody for fathers in India, consult the top advocates and act according to their suggestions.
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