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Court marriage divorce with child custody and residence issue
10-Feb-2026 (In Divorce Law)
was married through court marriage about 16 years ago. For several years, my spouse has shown mentally cruel behaviour, avoids communication, neglects household and children, and creates a hostile environment at home. We have two minor children (14 and 8 years) who wish to live with me. The house belongs to my parents. I want to file contested divorce, seek interim child custody and residence protection legally, without police complaint. Please advise legal procedure, grounds, timeline and docum
Hello reader
Yes, You can legally file a contested divorce on the ground of mental cruelty under the Hindu Marriage Act, 1955.
Along with this, you can apply for interim custody of your children, and the court will decide based on their welfare and preference.
Keep all marriage, children, income, and property documents ready. Be prepared in case your spouse files a maintenance or DV case.
Your case is legally maintainable.
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Adv. Piyush Kumar
Patna | 25+ Answers
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you can file divorce in family court under hindu law where you ask the such relief which you mentioned above...
you can file divorce in family court under hindu law where you ask the such relief which you mentioned above...
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Adv. Gyan Prakash
Patna | 25+ Answers
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You can file it through your nearest concerned Family Court. If you want to take divorce through mutual consent then send your husband a notice first. If he refuses to take divorce mutually then you will have ground for a contested divorce. If you want to know more feel free to contact
Thanks
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Adv. Divya Kiran
Patna | 50+ Answers
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Hello, you can contest a divorce case against your partner on the ground of mental cruelty and can also file interim application for custody of both childrens with you. you will need original marriage certificate, birth certificates and I'd proof of both your children to further proceed with legal actions.
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Adv. Kaustubh Prakash
Patna | 5+ Answers
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