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How to obtain divorce and custody of children


05-Jun-2023 (In Divorce Law)
I am Kiran working now. I am living sapretly with my two kids at my parental home. my husband never give a single penny to my children or nor to me. after 5 year i decided that i should take divorce and when i said to him he agreed. Now please suggest me what is the procedure to take divorce and how can i claim for security for my children. my daughter is 11 year and son is 6 year. please help me if u can guide me.
Answers (5)

Answer #1
806 votes
Hi kiran
You can apply for divorce by mutual consent in the family court of your area by filing a joint application in the name of you and your husband if he is ready for the same. You will have to apply separately for the custody of your minor children. The chances of women getting custody of minor children are very bright. You can contact over phone for details
Answer #2
671 votes
Hello Kiran, Mutual Divorce can be obtained by you and your husband by filing suitable applications.

The procedure is simpler and needs mostly, two hearings to be attended by both the parties.

In your case, based on facts given, after the compulsory six month period gap, the second application will be heard and decree for divorce should be granted.

Custody of both kids should be sought by you in your application, with reasons.

The kids being very young, the custody should be granted to you, in all probability.
Answer #3
628 votes
Hi Kiran
Advocate Rahul Sidher this side. It is very much fine that u both have decided to get divorce on mutual consent. Divorce petition will be filed U/S 13B of Hindu Marriage Act. Then custody of children will be claimed. Meanwhile petition for maintenance will b filed. There is a proper process for this and it will take around 7 months. U free to contact me in this regard. We deal with matrimonial disputes specially.
With Regardz
Answer #4
663 votes
You can get mutual divorce from your husband for which a period of 6 month is required, you may also get custody of your children in agreement or through court by filing petition for custody of children
Answer #5
634 votes
Hello you can complaint can nearest police station .and you can direct sues in court .and but apko apne husband ka sare income k bare me detail save krne honge.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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