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Cruelty, divorce and child custody of an infant


11-Sep-2023 (In Divorce Law)
My friend got married in an arranged setup. She had 3-4 relationships in past but during courtship she wasn't comfortable in sharing her past and so she chose to stay quiet. After few days of marriage, her husband used to mock her and even ask her to return to her mayka. And sometimes later, her husband found about her past and now he filed divorce on the ground of cruelty. He is even seeking child custody. But my concern is that my friend has zero connections with anyone from her past.
Answers (5)

Answer #1
611 votes
If her husband has already filed for divorce then it's advisable for you to file a strong reply/WS against the petition filed by him. And as far as the child custody is concerned if the child is minor then the custody of the child will remain with the wife. And if she wishes to go legal then she can also file a petition under section 12 Domestic Violence or section 125 CrPC and claim maintenance for herself and for her child. And if there's no scope of living together then rather stretching the relationship she should file for a contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
1000 votes
she can file cases of 498A DV and maintain past relationships will not be valid grounds and there are several law infavour of women so use them get legal relief from the court in Divorce also she can claim maintenance court will decide maintain first and than proceed with Divorce
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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Answer #3
814 votes
Having affairs or relations before marriage makes no ground for seeking divorce. But if the same thing contines even after marriage then it becomes a ground for filing divorce . For child custody, age of child matters
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Advocate Pratima Sharma

Adv. Pratima Sharma

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Answer #4
565 votes
file domestic violence and maintenance case against husband agar apki friend apne husband ka mind sahi kar skti hai but uske liye steps lene pdege unko v.. you can contact us to get more free legal advice at anytime
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Advocate Ankush Chaudhary

Adv. Ankush Chaudhary

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Answer #5
799 votes
Anyone has right to file such case in the court and they need to prove that cruelty has been done during the course of married life ! Any relationship before marriage doesn’t count on such alleged cruelty Your friend needs to hire expert advocate in this regard ! B in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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