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Can i apply for child custody if i ask for divorce


18-Nov-2023 (In Divorce Law)
I have got married on September 2nd 2009, I hv 5 months old baby boy. Am suffering from mental torture from my mother-in-law and husband. Coz I went to my mother's home after delivery for tht both husband and Mom-in-law both torchering me Torchering* me If I take divorce, what about my baby custody. I need my baby How can I fight with them please help me out with ur suggestion. What procedure I need to follow For small small reasons thy both r fighting with me
Answers (4)

Answer #1
806 votes
If the child is with you then it is better you file a case of divorce and also file application for maintenance of your child and yourself, further if the custody of child is with you at present then your husband has to file petition for custody and in which case you can defend and see that it remains with you.
Answer #2
625 votes
Looks like the baby is with you and hence custody is with you. You don't have to fight for custody. Your husband will have to fight for custody which he won't get as child is below 5 years of age. At the most your husband is entitled for visitation rights. hence not to worry.
Answer #3
674 votes
Yes, you can seek a child custody by filing a case under Guardian and Wards Act before the Jurisdictional Family Court simultaneously when you file a divorce case against your husband. I suggest you to first issue a legal notice to your husband with the help of your advocate for divorce in case if you are firm in your decision.
Answer #4
668 votes
Dear madam,
These are normal course in any marital cord , and few differences will be seen , but not to lose heart at all,my suggestions is that you can take help of counsellor , in case you can approach our office , where certified counsellor will resolve issues , in case of not then legal assistance would be given to you for your rights. You may contact us .OFC : Adv Pankaj Kumar & associate..

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