quesPossibility of getting child's custody w/o having a job and a house?

My husband threatens me to make my life hell and promises to make things worse for me.

 

I’ve been married for 10 years now and I have a son who is 3 years old. My husband is not willing to give me a divorce. He says there is no way I will get the custody of my child.

 

I don’t have a house, nor do I work. Is there any way I can ensure the custody of my child?

 

  • ans 

    See firstly register a complaint against your husband in the nearest Police Station and Crime against women cell for the offence of cruelty.

     

    Now you have three issues:

     

    i. With respect to divorce: You can file a petition for divorce under the grounds of cruelty under the Hindu Marriage Act. This term includes both physical as well as mental cruelty so therefore you are squarely covered under this head.

     

    ii. With respect to custody: You can file a petition for the custody of your child in the competent Court and the Court generally grants the custody to the mother for children below the age of 5 years.

     

    iii. With respect to house and maintenance: You have the right of residence under the Protection of Women against Domestic Violence Act. And coming to maintenance you are eligible to maintenance from your husband under the Domestic Violence Act as well as under the Code of Criminal Procedure. And if you file the petition for divorce, you are eligible for maintenance post divorce as well for yourself as well as your child.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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