Will i get share in property and child custody if husband divorces me

600 votes

Custody of the child can not be taken away from mothet of the child till he attains the age of 5 years or its proved the his mother is not capable enough to handle the child. So far is property share is concern yes, you will surey get ur share

Advocate Manoj Kumar LawRato

709 votes

well you got married.as per hindu law..
...now your husband want divorce correct.... you nneed not to worry . .because you can demand custodu well you are also entitled for.share in prop u can contact over phon

Advocate Rajendra Sharma LawRato

976 votes

Yes you will be entitled to your share in the investments made. you can file a petition for divorce on the grounds of cruelty and also file a petition for custody of your minor child. You can additionally also file a maintenance petition

Advocate Nupur Kumar LawRato

675 votes

I presume that your son is less than 7 years old and thus chances of your getting custody are very high. But please note that in custody issues courts look at welfare and well being of child only. So get a good lawyer to file for or to defend against any custody petition that your husband may attempt.

You could also file for maintenance and your child under section 26 of Hindu Marriage Act (I presume that you are a Hindu).

You could independently also file for a section 125 of CrPC petition seeking maintenance for yourself and your child.

You can independently seek protection under domestic violence act and get order a) protection against the child being removed from your custody b) from your being removed from your matrimonial house or order directing your husband to provide a rented acomodation to you c) order directing your husband to pay maitenance to you and your son.

Apart from the above you could file a criminal complaint against you husband and inlaws under dowry prevention act and get them arrested.

Advocate Sridharan Rajan Ramkumar LawRato

601 votes

Yes Ma'am if you decide to go for divorce you are entitled to get the custody of your child and alimony( your invested share in property along with other amount that court might grant you for your and your childs future as mentainance)
And during your court proceeding you are also entitled to mentainance which would be some amount fix by the court.
I would advice you to draft your petition properly mentioning every detail and names who were responsible for causing harm to you and your relation and potential harm so that court grand you the custody of your child immediately and you dont have to wait for disposal of the case .
Thank you
Adv Tarundeep Singh md Associates

Advocate Tarundeep Singh LawRato