×

quesWife wants divorce and have the custody of the child

I want to divorce my husband. But I have one baby. He is 5 year above. I want my baby to stay with me after divorce.

  • ansYou may file a petition for divorce under the provisions of Hindu Marriage Act in case you are a Hindu Lady. You will have to show a ground for Divorce such as Cruelty, Adultery etc.

    In case you belong to a separate ethnicity, then there are other personal laws to govern Divorce. Since the baby is small there is high probability that the Court will grant you custody and guardianship of the child. You may simply take the child with you and fight out the case of Guardianship.

    Additionally you and your child are also entitled for maintenance under the provisions of 125 CrPC and The Domestic Violence Act. You will need to file an appropriate application before the court to obtain maintenance. In the meantime the court can grant you interim maintenance also till the disposal of the main application.

  • 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

After marriage if girl comes to know her husband was using 2 pan card to…

my wife parents are cruel i got married in 2015 december my my wife left…

I have been married for 2 years. My wife got pregnant within 2 months of…

My husband sent divorce notice to me. Now I am in Bangalore. He filed in…

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