Can I have authority over my child whose custody is with my husband

857 votes

You can seek divorce from your husband on either of the grounds as mentioned in section 13 (1) (i),(ia)(ib) of the Hindu Marriage Act 1955:



1. Had the sexual intercourse with any other person
2. Cruelty
3. Desertion



During the pendancy of the petition you can move an application for interim maintenance and the Hon'ble Court will direct your husband to pay the maintenance for your self, your children and the litigation expenses, wherein after the Divorce you will be entitled to permanent alimony depending upon the financial status of the your husband and the type of standard of living your are accustomed to.



Your husband shall also be directed to give maintenance of your two children till they attain majority even after the Divorce.




Moreover you can always retain the custody for the two children but if the the court so directs on the principal and your husband contests the same also on the intention of the elder child, you are likely to loose the custody of the elder child but if your able to prove that your husband is living in adultery your can have the custody of both the children.

Advocate Siddhant Sharma LawRato

556 votes

See if u leave ur children than the is just one authority that u can meet them , as he is growing so he have alrighty to take decision and after divorce and when children get understanding why they will listen it's as they knows that father is growing them.

Advocate Jharna Jadwani LawRato

575 votes

You can divorce with both consent and written agreements include " his marriage school etc." can not do my permission. child custody till seven years of aged with mother. And then child custody take husband with your and child consent.

Atul faldu, Advocate.

Advocate Atul C Faldu LawRato