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)

253 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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192 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.

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 and has been responded by one of the Child Custody Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

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