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How to get custody of child age less than 5 in mutual consent divorce?
05-Mar-2023 (In Child Custody Law)
My husband is having affair with another girl and he and his family members forced me and my son to go out of their house.Having no other alternative I am now staying with my parents in a separate flat. I now wish to take a separation,at the same time wish to keep my four and half years son with me forever,may be with a visiting right of my husband(once in a quarter at best).we both are Hindu by religion.Seek legal advice.
In this case you only need to file application for maintenance for your self and child under section 125, further you can file a case for divorce on ground of cruelty meted out to you and when these cases are filed surely he will come for settlement and then you can claim permanent alimony and take divorce and as far as custody of child is concerned it is already there will you and if both agree to take divorce then make it clear that the custody of child will remain with the mother.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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You can seek divorce by mutual consent, if both of you agreed mutually with regard to the custody of minor child, with visiting rights, you can file petition for custody rights through Guardian and wards act.
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Adv. Ravishankar C S
Bangalore | 25+ Answers
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U can file divorce petition for divorce bcoz having extra marital affair is cruelty. So u can file divorce petition for cruelty. And dont worry abt u r son he will b with u only unless he prove that u r not able to provide good food and education to ur son.
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Adv. Mohammed Ilyas Athani
Belgaum | 25+ Answers
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Madam,
When you decided to go for separation then you can. Because in the family matter the role of advocate is much lesser. As you told, you can file a maintenance application at the time of filing the case for divorce. In case if you are earning women and capable to maintain your self, you are not entitled to get maintenance . BUT you child will get maintenance.
There is a new rule that "well qualified women, is not entitled to get Maintenance"
Apart from that ,there is rule that a minor kid will be in custody of the mother till it attain the age of 5 years.. Therefore you can be the nest guardian to your child.
When you decided to go for separation then you can. Because in the family matter the role of advocate is much lesser. As you told, you can file a maintenance application at the time of filing the case for divorce. In case if you are earning women and capable to maintain your self, you are not entitled to get maintenance . BUT you child will get maintenance.
There is a new rule that "well qualified women, is not entitled to get Maintenance"
Apart from that ,there is rule that a minor kid will be in custody of the mother till it attain the age of 5 years.. Therefore you can be the nest guardian to your child.
Helpful?
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Adv. M Lakshmikanth Arya
Bangalore | 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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