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What action can a woman take to claim her children after divorce
04-May-2023 (In Family Law)
My friend got married 6 years ago.her husband don't earn,alcoholic,smokes.he harasses her every night.from six years he comes late night home abuses her mentally and physicay.they havetwo kids.both the sides parents know about him.he never maintains personal hygiene.dont bath for months.dont brush for weeks.never responsible.the maintenance of the family is done by his parents.she asked for divorce many times but her parents convinced her and sent back.he watches porn and use all those acts on her.to escape from all this torture she tried to run away with her relative.he recorded the call and kicked her out without giving the children.does she have right to claim her children.she doesn't have any proves about his cruelty.her parents are against her saying she did a mistake.will she be the accused.is there any way to punish him get her children back.please suggest a way
Hello,
Your friend can file a child custody petition and claim custody of her two kids. Keeping in view your friend's husband's behavior and attitude and also he being a chronic alcoholic and having no income of his own, the custody of the two kids can be granted to your friend. Your friend may engage a good family lawyer and file child custody petition under the court jurisdiction where the kids are staying presently. Feel free to contact me if you need any help or assistance.
Your friend can file a child custody petition and claim custody of her two kids. Keeping in view your friend's husband's behavior and attitude and also he being a chronic alcoholic and having no income of his own, the custody of the two kids can be granted to your friend. Your friend may engage a good family lawyer and file child custody petition under the court jurisdiction where the kids are staying presently. Feel free to contact me if you need any help or assistance.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI,
As per the details provided by you it seems that your friend is not with her husband now and he is having the children with him also. For this she can file custody of childrens and even she can file divorce if she is not interested to live with him. Irrespective of getting divorce or not she can file custody of children and the court will decide accordingly. For further assistance you can call through the website .
Thanks
As per the details provided by you it seems that your friend is not with her husband now and he is having the children with him also. For this she can file custody of childrens and even she can file divorce if she is not interested to live with him. Irrespective of getting divorce or not she can file custody of children and the court will decide accordingly. For further assistance you can call through the website .
Thanks
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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Hi
Even if the Husband proves that the WIFE was living in adultery in a court of law, the WIFE is entitled to the custody of the children.
Please note that adultery pertains only to the husband and wife relationship and has no bearing whatsoever on mother child relationship
The wife can file for child custody orders under section21 of the Domestic violence act or file a case for custody and guardianship under Hindu Minority and Guardianship act.
Even if the Husband proves that the WIFE was living in adultery in a court of law, the WIFE is entitled to the custody of the children.
Please note that adultery pertains only to the husband and wife relationship and has no bearing whatsoever on mother child relationship
The wife can file for child custody orders under section21 of the Domestic violence act or file a case for custody and guardianship under Hindu Minority and Guardianship act.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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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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