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Can we file for custody of child without proceeding for divorce
13-Apr-2023 (In Child Custody Law)
I am a Hindu, married 1.5 yrs ago and have a 5 month baby. I am started working in a different city recently than my husband to support myself and baby. He threatened to take baby in case i didn't obey to him or his family. Now i am worried that he would take my baby away from me to force me for a divorce. Is there any way to keep my baby safe.
See you need to understand if you do not want to live with either your husband or your in-laws then, you will have to opt for taking divorce from your husband and after obtaining the divorce decree you can file an application for custody of your baby. You can also claim maintenance under section 125 of CrPC if you are able to show that you are not able to maintain yourself.
Helpful?
14+
14+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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HI,
It is nice that you have started working independently , but if your husband doesn't want you to proceed further in working and it is the reason for disturbance in married life then you have to think about it.
Secondly he cannot take the baby easily until their is some problem from you to handle the baby and its maintenance . To take divorce their shall be a reason and either or you can't take divorce . or can been taken mutual consent with both the parties.
Thanks
It is nice that you have started working independently , but if your husband doesn't want you to proceed further in working and it is the reason for disturbance in married life then you have to think about it.
Secondly he cannot take the baby easily until their is some problem from you to handle the baby and its maintenance . To take divorce their shall be a reason and either or you can't take divorce . or can been taken mutual consent with both the parties.
Thanks
Helpful?
10+
10+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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