queswife 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.

  • ansYou 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

    Know More
  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

Husband and wife are Christians. Due to family problems, the wife left husband and went…
My husband is cheating on me and despite knowing it all,my in laws support him…
Wife of one of my subordinate,in his 50s, having children above 18 yrs, have attempted…
Sir, i got exparty divorce. And after 3 month of divorce i again got married.…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly