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Child custody and domestic violence


20-Jul-2025 (In Divorce Law)
I want divorce from husband. My boy child is 5 years old. I want my child custody. And husband hit me a lot but I have no proof. Please help
Answers (2)

Answer #1
799 votes
You can file for divorce under the grounds of cruelty as per Section 13(1)(ia) of the Hindu Marriage Act, 1955. Even if you don’t have direct proof of physical violence, your verbal testimony, medical records (if any), or witness statements can help support your case. For the custody of your 5-year-old son, as per Section 6 and 13 of the Hindu Minority and Guardianship Act, and relevant provisions under the Guardians and Wards Act, the welfare of the child is the most important factor. Usually, custody of a minor child is given to the mother, unless proven otherwise. You should consult a family lawyer to file for divorce and initiate custody proceedings in the family court.
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Advocate Bibha Boro

Adv. Bibha Boro

LawRato Guwahati | 25+ Answers
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Answer #2
554 votes
What kind of help you want? Can you please elaborate your problem? Where do you live right now? Is the child under your custody now? Are you working? Do you live separately from you husband? Do you want maintenance?
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Advocate Shaheed Ahmed Alomgir

Adv. Shaheed Ahmed Alomgir

LawRatoGuwahati | 25+ Answers
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