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Child custody and alimony after divorce on ground of cruelty


17-Sep-2023 (In Divorce Law)
Hi, I have been married over the last 6 years, have a baby boy also ( 4 years old). Want to take a divorce from my husband, because of his cruel behavior, bad habits( alcoholic, gambling, irresponsible father.) He is working in an MNC and have a good income but, not paying as much to me and even not respects for me and always have an ego. I am not working anywhere but wanna take a divorce from my husband. In this case, shall I get the custody of my child and also get some monthly money and divorce. What is the procedures to apply in this case?
Answers (5)

Answer #1
574 votes
Hi..

As per your situation you can file a complaint regarding your husband in the CAW cell mentioning all the details and the grievances you have. Also you can ask for maintenance from your husband by filing a suit for maintenance under Sec 125 or CrPC in the competent court. Further, you can file a suit for divorce in order to get divorce from your husband.
Answer #2
998 votes
Yes mam u r entitled for maintenance also from ur husband and u can also get the custody of ur child but for all this we have to adopt a legal procedure. U have to file a maintenance petition along with the divorce case and a seprate petiton needs to be filed for seeking the custody of your child.
Answer #3
503 votes
Hi,
You can take divorce from your husband on the ground of cruelty. As for the custody, you're the mother of the child, you'll get first preference for the custody of your son. Since you're not working and your husband is working, you'll be entitled to get maintenance for yourself as well as your son.

Regards the procedure, you may get it touch and we can initiate a divorce case against your husband under section 13(1)(ia) Hindu Marriage Act.
Answer #4
540 votes
In case you want divorce you can ask one time money , which is called allimony. Or you can ask for montly expenses as your and your child's maintaince till the time you remarry again. Once you are remarried again the majntainance will stop. So you can choose accordingly. As you are intrested in divorce first of all we have to see whether its mutual wen both parties are ready or you have to contest alone. Yes you will get custody of your child as he is too small. For more clarification feel free to contact.
Answer #5
740 votes
Hi first of all a complain will be filed in the police station where u can tell the complain and then You will have the file for divorce where ther will be documented done where u can tell the court it
Will be done according to the Hindu marriage act and all

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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