Procedure for to file for divorce and child custody.


My husband took my child away to his home town while I was at work without telling me. He demands my full salary as he does nothing. He is refusing to return me the child or come to a mature settlement. I want to give divorce and claim my child back. My child is 2.5 years old. I am a Hindu woman from Himachal Pradesh. The father is from Jammu and Kashmir. Please advice.

Answers (3)


133 votes

You should file a police complaint against your husband for taking away the child from you and then file a divorce petition for one of the ground of divorce. For custody of child you need to file a separate petition before the district judge and claim the custody of your child. As per the law child below the age of 5 years to be remain with the mother only.


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263 votes

You will have to file a petition for divorce and child custody. Divorce can be filed on the grounds of physical and mental cruelty and demanding dowry etc. further you can file a complaint of domestic violence . Plz contact me for further assistance

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Mam, the information which you have send to me is not sufficient for advice properly to you, but on the bases of said facts I am suggesting that you can file the divorce/custody petition before the family court of local jurisdiction.

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