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How can I file for divorce and claim custody of my child


01-Jul-2023 (In Divorce Law)
Hi,I got married in 2012 and after few months problems started between my wife and me. For any little matter she used to go to her paternal house. That was intermittent. We hoped things would settle up once we have a baby and we had one in 2013 nov. After that also the same thing continued. When these fighting happens she leave our child and goes to her paternal house. The entire responsibility is on my parents. After few months she would plea and want to come back and then the same story. Now we are not allowing her in our home. I want a divorce but also want to keep the child.
Answers (2)

Answer #1
130 votes
You can either file a contested divorce or a mutual divorce. Mutual divorce is the easiest type of divorce. When the both the parties is ready for divorce they can together file a petition in the court and the divorce is granted in 6 – 7 months. 
In case of child custody, the custody of child below 5 years goes to the mother. You can claim for child custody after the child has crossed the age of 5 years
Answer #2
857 votes
Yes you can file divorce suit against her and for child custody petition may be filed under G&W act .

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