Advocate Mohammed Ilyas Athani

Questions Answered by Advocate Mohammed Ilyas Athani

Q: How to get custody of child age less than 5 in mutual consent divorce?

My husband is having affair with another girl and he and his family members forced me and my son to go out of their house.Having no other alternative I am now staying with my parents in a separate flat. I now wish to take a separation,at the same time wish to keep my four and half years son with me forever,may be with a visiting right of my husband(once in a quarter at best).we both are Hindu by religion.Seek legal advice.

Advocate Mohammed Ilyas Athani answered
U can file divorce petition for divorce bcoz having extra marital affair is cruelty. So u can file divorce petition for cruelty. And dont worry abt u r son he will b with u only unless he prove that u r not able to provide good food and education to ur son.

Q: Mother in law torturing and defaming, what to do to get divorce

I m a Hindu and I need divorce from my husband as my mother in law tortures me everyday by scolding badly simply and she has made my character look bad at home and now she s trying to part me from my 6 month old son ! My husband is the only son and he supports his mom and tells me to adjust with her and go all the time ! She is doing my character assassination I cannot live in this home anymore I need divorce from my husband wht is the solution for this ?

Advocate Mohammed Ilyas Athani answered
There is no dispute between u and ur husband.so try to make understand u r husband and if u take divorce the present characters will not make u forget them. Any how if u want divorce u can file divorce petition u.s 13 of hindu marriage act before family court for cruelty and at the same time u can also claim maintainence and permanent alimony.. but i think there no serious dispute between u ànd ur husband think twice before going it and u may have loving husband.