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Procedure for to file for divorce and child custody.


In Child Custody Law
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)


85 votes

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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LawRato
64 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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236 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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