Procedure to file for divorce and child custody

856 votes

Hi
Custody of child will remain with you, don't worry.
You can proceed to family court for relief of divorce and maintenance.
You can also avail remedies under dv act like confirmation etc.
Contact for further detailed advice.

Advocate Rohit Shaligram LawRato

844 votes

Dear client first file complaint with women cell of police for physical violence against husband under sec 498 a. Then file domestic violence case for mental harassment. As child is below 5 years age so custody will remsin with u. Then file divorce on the ground of cruelty. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

996 votes

Divorce is possible! Depends upon the situation of the case and you can file a complaint against the husband and her family in the form of domestic violence! About the custody of the child it depends upon both the petitioners and their approach for the child!

Advocate Darshan Subhash Oswal LawRato

588 votes

Hello Ma'm,

Indeed you can get a Divirce.

Firstly you need to file a Police Complaint against your Husband for Domestic Violence and then file a Domestic Violence Case against your Husband in the Magistrate Court.

Then along with the DV Case, you can also file a Divorce Petition in the Family Court against your Husband for Divorce on the grounds that he is very abusive in physical ways and you are mentally harassed and tortured by him and also you have been physically abused by him.

And you have a very good case for the custody of your Son because as per the Law in WARDS & GUARDIANSHIP ACT, a son has to be in the Care of the Mother till the age of 7.
So you will indeed have the custody of the Kid if you are properly taking care of his welfare.

Advocate Kamran Shaikh LawRato

510 votes

Both the parties husband and wife can get divorce under mutual consent if the wife is not claiming any alimony for the children and self, the child custody can be mutually decided and accordingly the child can be with the either of the parent if the child is less then 7 years old the custody will remain with the mother by default

Advocate Abhishek Moreshwar Gokhale LawRato

634 votes

If you want to get back your child first give complaint in your local police station and if you want divorce you can file the petition in the court for Divorce with the issues you are facing with your husband.

Advocate Murali Mohan Rao LawRato

832 votes

Hi Madam iam very sorry to your problem if you have want any legal solution of your problem with less expenditure plz contact legal cell counselling and if you have want legally seperation from your husband you file a petition under 13(1)(1a)of HM act in proper court of jurisdiction

Advocate B. Chandra Shekara Raju LawRato

626 votes

Hello madam does the police registered any First Information Report? .
If your husband is ready to divorce , then mutual consent divorce can be obtained.If not you can file a divorce case on the ground of cruelty...
Thank you

LawRato LawRato

802 votes

if so that problem , then finally you decided to take divorce , money is no matter you can meet me in my office , bring all the papers regarding police compliant and others, there is no problem to your kid also

Advocate Ranjith Reddy Kukunoor LawRato

698 votes

Hi if you want divorce u talk to your husband and if he agrees you can go for mutal consent divorce. if he is not willing you can obtain divorce under cruelty grounds. You can consult an advocate in your area for filing purpose

Advocate Radhasri LawRato