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Hi, my wife left me and went to her parents' house. Now she is living separately in a PG for work purposes. She also took our two children with her. She is working in Bangalore but left the children at her parents’ house, which is 150 km away from Bangalore. Her mother is also working. I want to apply for divorce on the grounds of mental cruelty. Can I get custody of the children, stating that they will not receive proper care from their mother as no one will be there to take care of them?
For divorce on grounds of mental cruelty, you must provide evidence that your spouse’s actions caused you emotional distress. In terms of child custody, you can argue that the children will not receive proper care if left with her mother, especially considering her work situation, but the court will prioritize the children's welfare. For further legal assistance contact us on our helpline number.