Looking for Divorse from wife
5 years ago
Hi Sir,
I had married feb 2017 and i have one baby. I recently had quarrel with my wife. In an incident I was close to an accident because tension caused from wife so i have send abusive message with saying that I missed accident. After that message her brother threatened me that he will give police complaint about my message. I have already decided to take Divorse. In these case will I get punished under 66A while applying divorse.
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Since you have already filed a divorce petition, the quashing order from the High Court will protect your defence. However, you will not be entitled to get the custody of baby who is below 5 years of age. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The custody of a boy or an unmarried girl above the age of 5 years and below the age of 18 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
With regard to Maintenance: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife is 25% of husband's net salary to be just and proper amount as alimony
GANESH SHARMA
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
Prabir Kr. Chakraborty
Responded 5 years ago
PKC, Adv
Adv Shuchei
Responded 5 years ago
In my opinion I can help you the best.
Contact me
Ashutosh & Co
Responded 5 years ago
Kavery Anand
Responded 5 years ago
She had fight with u .. because of the u got very disturbed mentally.. and while driving.. u just missed accident.. it might be happen also.. u never know. So where is the false
or threating message here ? ... So don't worry about getting punishment... Under 66a.
2) Yes u can file a case against Ur wife on the ground of cruelty..
Ambrose Leo
Responded 5 years ago