What is the procedure for filing divorce and child custody

564 votes

Divorce are of two types one is mutual divorce and other is contested divorce and other is mutual divorce mutual divorce are much easier and less timetaking where else contested divorce are time taking and the grounds for taking contested divorce need to be proved before one can get a decree and so far as custody of a child is concerned if a child is below 12 years preference of custody will be given to the mother but there is no straight jacket formula in getting custody of the child other factors are also to be taken into cobsideration and wife has the provision to claim maintainance if she is unable to maintain herself even in some cases husbands are entitle to claim maintainance.

Advocate Subhrajyoti Bhowmick LawRato

631 votes

It is important to know every minute details of your marriage and your married life details to guide you properly, there are 2 kinds of divorce that can be filed contested divorce and mutual divorce, yes child custody case can be attached with it along with alimony in different applications.

Advocate Aveek Bose LawRato

672 votes

There is several grounds under Section 13 of Hindu Marriage Act for filling Divorce, you may see which ground is appropriate for you after consultation with Ld. Advocate. Till the age of 5 years mother's custody is the better custody of a child. Therefore, if your child is aged about 5 years, then obvious you are custodian of that child. otherwise, Court will follow the appropriate procedure on it. In case of Alimony you have right to claim maintenance against your husband under Section 125 Cr. P.C. separately or to file a petition under Section 24 of Hindu Marriage Act, if you already file divorce Under Section 13 of H.M. Act. or to file a Case under Domestic Violance Act. etc.

Advocate Sanjoy Acharjee LawRato