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What is the procedure to file divorce case


20-Sep-2023 (In Divorce Law)
I am 33 year old working female and i am married to 36 year old IT professsional currently living in UK. My married held in Madhya Pradesh in 2008. We are Hindu. My daughter was born in 2010. From the beginning my husband used to physically and mentally abuse me. In 2012 he was hitting me badly and my neighbors saved me. I complaint in police station, where he gave me written apologies. So i didn't file FIR against him. We lived separated for a year and decided to get separated. He left India and went to UK. After a year he came back and He again said sorry and showed his interest in living together. I gave him another chance for my daughter's happiness and moved to UK with him. Initial few months were good. But he started being rude again. He abused and refused to give me money for household. From 2013 to 2017 May we lived in UK. Now I am in India and working in IT company. He is still in India. I want to divorce him. He agreed to divorce me but wants my daughter's custody.cn u help
Answers (5)

Answer #1
739 votes
Hi,
You may file mutual divorce petition before the court. You will get divorce within 6 month. As your daughter is 7 years old. If it is less than and generally Court prefers to give daughter custody to mother's and financial condition of party. Meet with advocate and file divorce petition.
Good luck.

Answer #2
525 votes
yes..surely we can help you !

the main issue is about the custody of the daughter in your matter - being Mother, the Court will grant you the custody and also the visiting rights to the Father.

However, as the custody is the main issue , so we need to prepare the Petition with caution !
Answer #3
644 votes
Dear Madam,

Surely we are help you...!!
perusing your fact, you will lible to seek divorce under section 13 of Hindu marriage act, and also u file separate appliacation for the Custody of you'r child, but, till the he/she is minor; at the time of he/she getting mature there after that is his choice either going with father or mother.
Answer #4
629 votes
Sure You can file Divorce Petition against your Husband in the Court having jurisdiction where your marriage solemnized or where you are at present residing on the Ground of Cruelty along with along with other relevant aspects. So far as custody of children is in question, generally court allow to maintain child at the hands of his/her mother till the age of 5 Yrs thereafter court sees who can maintain child at his / her best physically / mentally / socially as well as utmost important Financially. Even though you are earning good enough money for you and your child daily livelihood along with medical and other relevant essential necessities, you may also ask maintenance right from education till the attaining of majority of the child i.e. including his/her marriage expenses.
Answer #5
508 votes
What is age of your daughter..? You have to send him a legal notice stating your intention to file a petition for Divorce/Maintenance/ Child Custody..?
Depending on reply to the legal Notice , you can decide line of action to file Divorce petition.

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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