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what is legal procedure for child custody?


17-May-2023 (In Child Custody Law)
My friend is married six years ago.she has two kids,a girl(5),a boy(3).her husband tortures her.not earning.but his parents have a school and 40 achers of land.she is an orphan.no property.works as a lecturer.her husband drinks daily and comes home late night and harasses her.she tried to get divorced and went to her caretakers many times but they convinced her.last year she tried to go away with her cousin.her husband recorded the call.there is a private talk between them.she is not in relation with him now.she dint have any physical relationship.some private talk in phone which ended the day her husband recorded.but after 9 months he revealed that recording to everybody.took the children with him.its been two months the children are away from her.he never took care of the children.she raised them.his father use to give money.he aplied for divorce and not giving children to her.can she get child custody.everybody includes caretakers are against her.she is hindu,he Christian
Answers (1)

Answer #1
603 votes
1) you can file for divorce on grounds of mental cruelty under section 13 of Hindu marriage act

2) in said proceedings you can also seek custody of your child as well as maintenance from your husband for your self and kid .

3) if police is not taking action on your complaint you can move HC by filing habeas corpus petition to direct production of child which has been kidnapped by father

4) you can also file domestic violence case against your husband and seek alternate accommodation and other reliefs.

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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