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Complaint against in laws for harassment and dowry demand.
18-Dec-2023 (In Child Custody Law)
hi, it's been 6 years I got married, and involvement of my husband's brother in law is too much in my home that for anything which is not done as per him, my husband and in laws fights with me. I am suffering from domestic violence since day one. But due to my child I was not taking any action but things are becoming verse day by day. Hence i want to confirm if i file divorce who will get custody of my daughter age 5 years. I am working women and educated enough. Please help and advice me. regards N
Custody of child generally goes to mother unless there is compelling prejudice against the mother. Numerous cases have been decided where the custody of child has been given to mother. Since you are a working woman and therefore it increase chances of getting custody of child by you.
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See custody is an issue which depends upon the betterment of child. Of course, mother has a first preference of her minor child but if the court sees that mother is not able to maintain her child or is negligent then custody is given to the father. But the onus is on the husband to proof whether mother is negligent or not. In your case you may get the custody because till the child completes 5years of age, the mother has compulsory custody. It is better to consult your husband and convince him to give away the child to you or you have to fight it out in the court of law.
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Adv. Sanjucta Kabasi
Delhi | 25+ Answers
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Yes u can file divorce , domestic voilance and maintainance for your child . As you have daughter you will got the custody . There is no need to be silent and you have to raise your voice for your rights.
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Adv. Sudha Nim
Delhi | 25+ 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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