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Child is in husbands custody, wife is unemployed
18-Sep-2025 (In Divorce Law)
A hindu couple were facing problems being together, they decide for divorce, the divorce/samjhauta/MoU was signed on an affidavit, decision made by PANCH seniors was agreed by both PARTIES, 3 years baby boy is in husbands custody. Can this affidavit work as legal divorce proof, is there any alimony for that unemployed wife.
yes you can claim alimony from you husband and shares in property whatsoever for your future expenses
and you can also demand from your husband and his family to return the stree dhan of yours which you received during the marriage
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Adv. Amit Pandey
Adv. Amit Pandey
Lucknow | 400+ Answers
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केवल affidavit या Panchayat decision से divorce legally valid नहीं होगा।
• Court से decree of divorce लेना अनिवार्य है।
• पत्नी unemployed होने के कारण maintenance/alimony claim कर सकती है, जिसकी राशि पति की आय व circumstances पर निर्भर करेगी।
Affidavit or Panchayat decision cannot be treated as a valid divorce under Hindu Marriage Act. Divorce is legally recognized only through a decree from Family Court under Section 13/13B. If the wife is unemployed, she can claim maintenance/alimony under Sections 24 & 25 HMA, even if child custody is with the husband. You should file a proper mutual consent divorce petition to regularize the separation.”
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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Samjhauta), or MoU, even if signed by both parties and respected by elders (Panch), is not a legally valid divorce under Indian law.
Even if both parties agree (Mutual Consent Divorce), they must file a joint petition under Section 13B of the Hindu Marriage Act before a Family Court.
Panchayat decisions are not legally binding
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Adv. Priya Singh
Adv. Priya Singh
Lucknow | 25+ Answers
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on the above mentioned query please note down that MoU or samjhauta in front of PANCH or Seniors is not valid for divorce in Hindu law. a divorce decree passed by a judge of the family court is valid for long life. Custody of minor is always with the mother. it is written in Hindu law and guardians and wards act in India. so, if the mother wants the minor child in her Custody, so she have to file a case under guardians and wards act in the court where the child usually residing.
yes, the unemployed divorced or seperate wife can file a case for permanent alimony.
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Adv. Ankit Gupta
Adv. Ankit Gupta
Lucknow | 400+ Answers
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Affidavit, MoU, or Panchayat settlement is not legally valid divorce proof in India. It may only be treated as an agreement of intention, not as dissolution of marriage.
So legally, the couple remains married until a Family Court grants divorce.
Mother is generally considered the natural guardian for a child below 5 years (though custody can vary based on welfare of the child).
Even if husband is keeping the boy, mother can approach court for custody or at least visitation rights.
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Adv. Manish Mishra
Adv. Manish Mishra
Varanasi / Banaras | 25+ Answers
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