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Child custody and divorce... against Domestic violence


05-Feb-2023 (In Divorce Law)
My wife has filled domestic violence case against me, where is I had send her a notice for mutual consent divorce. I want to reply and file a divorce and child custody of my child age of 5years. Plz advise
Answers (3)

Answer #1
955 votes
Yes you can dear. You have to file written statement to her domestic violence application and simultaneously you can file Hindu marriage petition under the provisions of cruelty and file case for the custody of child.
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Answer #2
571 votes
Hi, you can claim custody of your child under Hindu Minority and Guardianship Act and cam also claim interim custody in divorce proceedings. In DC case also you can ask for having access to meet Child.
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Answer #3
925 votes
hi

in this case if the allegations made in the DV application are false then you can proceed to file application for quashing before the high court.

you have to apply for custody under guardians and wards act before family court.

you have to file divorce case before the family court which can be converted in mutual consent divorce petition if your wife agrees
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