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MBut then this is the last option. As a lawyer, people fighting each other is my bread and butter, but going against my profession, I’d advice you to work it out if you can/feel like/want to.
Nhi toh bhai, meet a good lawyer, get a good and proper divorce petition drafted *(this is the most important point)*
A well drafted petition can make or break your case
MThrough Evidence. The husband and wife and other interested parties(close family) will be examined and cross-examined in the court. And through their evidence, cruelty can be proved.MIt depends on your lawyer. I’m a 3rd generational lawyer, after my grandfather and father. We only deal with criminal matters, but we’ve been doing family matters for atleast a decade now. My father just got a guy a divorce decree without any alimony from the family court. There’s also a 125CrPC maintenance application that we got dismissed (yeah, you read it right, not reducing the amount, but completely dismissed the application altogether)So yeah, it depends on your petition, your pleadings and most importantly your lawyer.
Lawyers and doctors are two persons that one needs to choose very carefully, they can make all the difference between life and death. And I can say this because we only deal with cases like 302, 306, 304B, 376, POCSO, NDPS etc
MA lawyer here!Yes, denial of sexual relationship is considered a ground for Divorce.
About the kid, you can keep the child with yourself. Although the court has a tendency to handover the custody of the child to the mother, specially if the child’s under 5 years of age. But speaking frankly, you keep the kid with you, you’re a natural guardian of the child along with the mother. Even if she takes the child along with her, just take the child forcefully, no one can file a case against a father for taking(kidnapping) his own child, it is barred by law.
About the maintenance, you’ll have to most probably give maintenance under 125CrPC which is the most difficult one to escape, although you can try to deny her the maintenance or reduce the amount.
About the alimony, you might not need to pay it as refusal to have sex comes under cruelty and normally court don’t grant alimony if cruelty by wife is proved.
