How can i take divorce and child custardy if husband is in abroad

965 votes

Hello..you can file either mutual or contested divorce though your husband is in abroad..once you will file contested divorce n for child custody summon will b serve to him n he will have to come to attend court proceedings..still mutual is always preferable as it takes only six months to get separated..thank you.

Advocate Preeti JD LawRato

992 votes

You can apply for divorce and you can easily get the custody of your child also. For maintaince you can file another case u/s 125crpc for seeking maintenance and also expenses for your accommodations plus expenses incurred for the child's study.

Advocate Parsidh Singh Nain LawRato

941 votes

Hi,
you can file the cruelty case against your husband IPC under section 498A OR 497 illegal relationship and domestic violance . your husband is liable to take the maintains of you and your daughter.

Advocate Sapna Malik LawRato

910 votes

Hii , you have to file a divorce petition in family court in order to take divorce.. You can also file for monthly maintanance for your child.. You can also file a application for custody of your child

Advocate Hemant Chaudhary LawRato

694 votes

Though otherwise Being lawyer I rarely advise my clients for divorce but still answering your query take a deep breath and go for this step. It hardly matters wherever u stay u can proceed for this step, desertion is the best ground for yr separation. More over as u have stated that he is living in adultery this can be one another ground, further more u can ask for compensation even, it's not that u r working u cannot claim so, and u can seek compensation for your child even. So if there are no chances for amicable settlement go for it

Advocate Ajay Shakti Goyal LawRato