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Looking for Divorce also the custody of baby


16-Sep-2023 (In Child Custody Law)
Sir first petition Dec Ko ho gayi thi second petition August Mai thi but Mai nhi gayi sign karne Ko kyuki deal mere Maan ki nhi thi mujhe mere bete ki custody chahiye Jo Mera pati nhi de Raha to kya ab Mai direct maintenance or domestic violence ka case dal Sakti hu ya fir pehle mujhe mutual divorce ka case close karna hoga
Answers (4)

Answer #1
615 votes
Hello...yes ..first you will have to withdraw your mutual consent divorce than you can go for domestic violence or maintenance u/s 24 of HMA. If child is less than 5 years old , court generally gives custody rights to mother and visitations rights to father ...Thank you..
Answer #2
520 votes
अगर पेटिशन में बच्चे की कस्टडी के बारे में कुछ बी ने नशन नही ह तो आप बच्चे की कस्टडी के लिए अलग से पेटिशन डाल सकते है, और डाइवोर्स आपसी सहमति से ले सकते है। पर अगर आप D.V. petition या maintainance ki अलग से पेटिशन डालना चाहते ह तो आपको डिवोर्स पेटिशन वापस लेनी पड़ेगी।
Answer #3
774 votes
Dear
There is no requirement to close divorce case first. You can continue with the maintenance case without closing the divorce case. Plus you can also file for custody of your child and file other litigation against your husband
Answer #4
756 votes
Yes, you can proceed.
It appears that you were not abused properly probably by your own counsel.
You have saved yourself by not attending the Second motion.However I would advise you to confirm from court records that what happened on the date of Second motion.
Please ensure and confirm from record that some other lady posing her all as you may not attended the date. In case any such thing may had happened immediately loved FIR and application to court
But I su

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