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P1. You can try therapy to start with. She could be overwhelmed with motherhood and other household responsibilities. There could be some other reason that she herself may not be able to identify.
2. Denial to have an intercourse without a genuine reason amounts to cruelty, which is ground to file contested divorce. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. Before filing for divorce, encourage her to restart her career, this could give her some break from the household responsibilities.
4. 2 year old child may need more care from the mother than father, your wife may get the custody of the child. Generally children below the age of 5 years, mothers are given the custody, except for some extreme cases. You can seek for joint custody where you share the parenting time or can only settle for visitation rights.
5. You will have to pay the alimony and maintenance as she is dependent on you. If she starts working, you may have to pay lesser. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PThe court considers the welfare of the child as the paramount when deciding the child custody case. Your friend needs good representation in the court, in the event her husband files for child custody. 1 year old daughter would certainly remain with the mother even if the father asks the custody of her. But 7 year old there are chances of father seeking the custody, if he can portray that he can provide everything needed for the upbringing of the child and the same cannot be given by the mother. In such a case, mother has to show that she is more capable of upkeeping the best interest of the child in a stable and peaceful environment.There is no strict rule to give or not to give custody of daughters to the father. It depends on that particular case. 7 year old child may also be asked to express her wish on this. [https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/](https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/)
These days courts are giving joint custody options where both parents share the parenting time.
Unless and until the father asks for the custody in the divorce petition or filing a petition under G & WC, the court will not interfere. If they opt to go for Mutual Consent Divorce, the couple can decide amicably how they would prefer to share the parenting time. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification, you may contact us [https://g.co/kgs/SXbCKTn](https://g.co/kgs/SXbCKTn)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PThe procedure for contested divorce can be read from here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)If husband is willing to go for divorce, they can file mutual consent divorce [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification do feel free to contact us [https://g.co/kgs/oe43SWU](https://g.co/kgs/oe43SWU)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PEither of the spouses or their advocates can apply for the decree in the court where it was decided. Your advocate ideally should complete this step and give you a copy of the decree. Ask your advocate to apply and get it for you. It takes time, one cannot apply and get it on the same day or the next. After application you may have to wait for minimum of 4 weeks. If there are public holidays and the copy section is overwhelmed it will take months.PIs he maintaining your sister & the child? that means is he giving money to your sister? How long he’s been in this relationship?Trying to understand what are the grounds that she could establish to take the help from court. Facts stated by clearly imply that he wouldn’t agree if your sister initiated Khula.
It is not ok for the husband to marry again if the first wife is not willing for polygamy. But there is no express provision for that. My opinion is to seek some help through Religious leaders to intervene and inform the second girl’s family. Send some letters with the photographs of your sister and her child to the second girl’s family.
The following are the grounds to seek divorce by wife through the court (However, in this case they may not be applicable)
Under the Dissolution of Muslim Marriages Act, a Muslim wife can seek divorce on several grounds, including:
* Unknown whereabouts of husband for four years or more
* Neglect to maintain wife for 2 years or more
* Husband sentenced with imprisonment for 7 years or more
* Failure to perform marital obligations for 3 years or more
* Impotency
* Insanity or venereal disease in virulent form
* Repudiation of marriage by the wife before turning 18 years
* [https://divorcebylaw.com/what-are-the-rules-for-divorce-in-india/](https://divorcebylaw.com/what-are-the-rules-for-divorce-in-india/)**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PYou ought to give some timeline for him to get back to you. If not 15 days, you can give 30 days or little more time. Otherwise you will be waiting forever.Sending a notice would definitely state your intent.
Contested cases need not take 7-9 years if handled well. Since your husband is unwilling to go for divorce, it may take little longer for you to convince him to agree for Mutual Consent divorce as well
PLegal notice is sent through an advocate (lawyer), not through the court. Hence it is not strictly legally binding on either parties. But you have to adhere to the conditions that you put forth. However, you may have to be careful about the contents of it. If you are stating that ‘your husband must reply to you within 15 days with his acceptance or non-acceptance to go for mutual divorce case’, he would either reply or not. In case you have also mentioned that ‘if you don’t hear from him/ he refuses to agree for Mutual Divorce, you shall be compelled to file contested case’, then adhere to that. Why wouldn’t you do that, you’ve clearly mentioned that you don’t want to continue in the marriage?If you are unable to ascertain his intent, you better go with RCR case to get an idea.
PSince she has not filed any case or not approached the police, there’s not much you can do at present. You can give a statement to the police, if the conversations are recorded where there are specific threats.Your friend can file a Restitution of Conjugal Rights suit asking her to get back to him. If she refuses, he can file a divorce case later. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
He can file a contested case, if she isn’t willing to get back or not responding to the RCR orders to cohabit. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
Meanwhile, let there be recording of all the conversations, which will help in criminal cases, if filed by the wife. [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)
For further clarification contact us [https://g.co/kgs/ZHwbVjN](https://g.co/kgs/ZHwbVjN)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
P1. Divorce notice is not a necessary step. It adds little more legal expense and also time. Because you have to give at least 15 days time for him to get back to you. Or he may ask some more time and so on. If you don’t have any other communication channel open, then send a legal notice asking for your husband to agree for mutual consent divorce. [https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/](https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/)2. If he doesn’t respond to the legal notice or responds stating he’s not ready for Mutual Divorce, you can file the contested divorce case right away. Or you can file other cases, if you wish to file against him. His negative response or no response doesn’t block your legal path.
3. Sending a notice works for those couples, who are otherwise in a dilemma in understanding the other person’s intentions. At least this step starts the process for those who are already living separately for a long period of time. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
4. Filing a contested divorce doesn’t mean that it will take years to settle the case. As time goes, the circumstances change. In matrimonial cases, at any point of time, parties can ask for mediation to settle the issues between them. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
5. If you do not want to be blamed to start the divorce process or not sure what does your husband want, you can file Restitution of Conjugal Rights case where you are asking your husband to get back together. If he refuses, then you can ask for mutual consent divorce and go ahead. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
For further clarification consult us [https://g.co/kgs/ZHwbVjN](https://g.co/kgs/ZHwbVjN)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PYou don’t have to ask his permission to file for divorce. Based on what you’ve mentioned you can use cruelty as the ground to seek divorce. In the petition you can give all the details including threatening to self harm and whatever you’ve mentioned and other things that you are experiencing. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)Also, file a Domestic Violence case against him. Again give all the details. Ask for protection orders. Next time when he comes down, he will not be able to come close to you. Either you can stay wherever you are at present or change the house if that is necessary for your mental peace. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
If you cannot muster the courage to file these cases, install CCTV cameras (secretly) which records audio as well as video. Then approach the police for protection. But if your safety (life & limb) is in danger, don’t do this. No one deserves to be beaten, abused or threatened .
For further clarification, you can consult us [https://g.co/kgs/ZHwbVjN](https://g.co/kgs/ZHwbVjN)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
P1. Your mother can seek maintenance from him. Both the spouses have to declare their assets and liabilities, the calculation of maintenance is considered based on that. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)2. She can file a contested divorce case based on cruelty. If she can collect any evidence for his violent behaviour, it would help in proving it in the court [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
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P1. Google search and go through the reviews. Avoid the ones with highest number of reviews.2. Go through the local court’s website, can search for the lawyers name and MC (Matrimonial cases) filed by them. If you are getting a bigger list, that means the lawyer is actually practicing in family court. This is not easy though.
3. You take consultation from few of the shortlisted to understand how genuine they are.
PFor annulment, you need strict evidence and the grounds are limited.If husband is in marital relationship with another woman at the time of marriage is one of the grounds. His past relationship cannot be the ground for annulment.
Non consummation of marriage owing to the impotency of the respondent is another ground, but not just non-consummation.
Read through the details attached below, see if you can find relevant ground [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)
Otherwise, convince him to agree for Mutual Consent Divorce (read the pre-requisites to file Mutual Divorce) [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
If he is not agreeing or unable to come to a consensus, go for contested divorce. Read the applicable grounds [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification contact us [https://g.co/kgs/rw7JpcC](https://g.co/kgs/rw7JpcC)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PVictim or her family member (in case of death of victim/ victim is severely injured) can file a Domestic Violence case on the husband or his family. If you do not want to file FIR or case, then wife can call Vanitha Sahayavaani (or whatever it is called locally) and seek advice and counselling to the perpetrator.She can also ask for protection officer, if there are chances that the perpetrator can come to the residing place of the victim and create trouble for her to live peacefully.
Under Domestic Violence case, the victim can seek civil remedies. It is not about arresting the perpetrator. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
If the wife feels that he may self harm and blame her for leaving him, hurting him, blah blah blah.. Then it is better that she files a police complaint stating that she is the victim of the domestic violence. She can give a statement only, requesting not to register FIR and asking them to advice him.
For further clarification consult us [https://g.co/kgs/rw7JpcC](https://g.co/kgs/rw7JpcC)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
P1. Try communicating with her through email, keep your language pleasing, non-judgmental, no accusing her of anything and not being overly emotional, asking her for the reasons to leave your company. Remember this communication can be used as evidence in the court.2. If you want her to come back and mend ways, you can file Restitution of Conjugal Rights case where you are asking her to get back to your company. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
3. If you do not want to live with her, you can ask her to agree for Mutual Consent Divorce [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
4. If that is not working, you can go for a Contested Divorce [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification consult us [https://g.co/kgs/rw7JpcC](https://g.co/kgs/rw7JpcC)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
