wife seeking divorce and custody of child from husband
Ours was a love marriage and married for the last 10 eight years. I have a 7 years old kid. My husband has a drinking problem which I have been trying to adjust with for a long time but now I think I can't take it any more and would like to file for divorce. I would like to keep the custody of my child. Please advise the best course of action and related legal remedy.
You may file for divorce against your husband on the ground of cruelty. The courts in India have constantly ruled that the wife has a right to seek divorce from an alcoholic husband who by his conduct makes it difficult for her to live along with him. In order to have the custody of your child you shall have to file a separate case for child custody against your husband.
In cases of child custody the sole test to determine the eligibility to the custody of child is nothing but the welfare of the child. You have a good legal base to claim the exclusive custody of your child as your husband is alcoholic. The mere fact that your husband is an alcoholic puts you in a better position to take care of your child.
File Mutual Consent Divorce @ Rs. 25,000/- only
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