I’m Sujeet, a Hindu from Shahdol, Madhya Pradesh. I’ve been married for four years, and my son is three years old. My wife wants me to leave my parents, who are both elderly and need my support. My father is 63 and has been on dialysis for two years. My mother is 60. I want to be there for both my parents and my wife, but she isn’t helping me. She hasn’t stayed in our home for a continuous 30 days in the past four years. She stays for 10 days and then goes back to her parents for 50 days. She constantly demands more than I earn, and her family supports her in this. My son is starting nursery this year, but she won’t allow him to attend a school near where I live and work. I love my son dearly, and I want custody of him. For the past three years, I haven’t been able to have him with me for a continuous 30 days due to his mother. We haven’t divorced, but I need guidance on how to proceed.

Apni Law
Apni Law
Law Forum › Category: Child Custody › I’m Sujeet, a Hindu from Shahdol, Madhya Pradesh. I’ve been married for four years, and my son is three years old. My wife wants me to leave my parents, who are both elderly and need my support. My father is 63 and has been on dialysis for two years. My mother is 60. I want to be there for both my parents and my wife, but she isn’t helping me. She hasn’t stayed in our home for a continuous 30 days in the past four years. She stays for 10 days and then goes back to her parents for 50 days. She constantly demands more than I earn, and her family supports her in this. My son is starting nursery this year, but she won’t allow him to attend a school near where I live and work. I love my son dearly, and I want custody of him. For the past three years, I haven’t been able to have him with me for a continuous 30 days due to his mother. We haven’t divorced, but I need guidance on how to proceed.
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Apni Law Staff asked 2 years ago

I’m Sujeet, a Hindu from Shahdol, Madhya Pradesh. I’ve been married for four years, and my son is three years old. My wife wants me to leave my parents, who are both elderly and need my support. My father is 63 and has been on dialysis for two years. My mother is 60. I want to be there for both my parents and my wife, but she isn’t helping me. She hasn’t stayed in our home for a continuous 30 days in the past four years. She stays for 10 days and then goes back to her parents for 50 days. She constantly demands more than I earn, and her family supports her in this. My son is starting nursery this year, but she won’t allow him to attend a school near where I live and work. I love my son dearly, and I want custody of him. For the past three years, I haven’t been able to have him with me for a continuous 30 days due to his mother. We haven’t divorced, but I need guidance on how to proceed.

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Apni Law Staff answered 2 years ago

Under Indian law, you have grounds to file for divorce based on your wife’s desertion (staying away for over 30 days) and cruelty (demanding unreasonable financial support and hindering your son’s education). You can also seek custody of your son based on his mother’s inability to provide continuous care and her refusal to allow him to attend school near your home. It’s advisable to consult a lawyer for specific advice on legal procedures and options.

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