Divorce after 5 years of separation and custody of child

896 votes

I ran away from my marriage with my 8 year old son, literally to save our lives. I had been suffering since 13 years in the marriage but could not muster the courage earlier. it has been 5 years since I have been away and I have been trying for divorce by Mutual consent to no avail. Mediation lasted for a year and failed. How can I get a divorce and son's legal custody? My son stays with me, and I take care of him completely. I do not need any alimony, only clear divorce. What are my options? The Marriage wasn't registered but falls under the Hindu Marriage Act

respected sir,

you can simply file a divorce petition in family court

Advocate Sumit Kumar LawRato

533 votes

You can get divorce under Hindu Marriage Act and we can take a ground of intense cruelty and adultery which is why you are not willing to stay with your husband anymore. You can get relief once the legal proceedings are initiated.

Advocate Aman Khullar LawRato

581 votes

Dear first of all cool down . No need to afraid of any thing . No need to ask anything from husband . Go to your area family court and file for the ex parte divorce . No need to send any thing or notice the husband or any one for the custody of the kid . As the mother has full right if the kid for life no worry . Just go to area family court go to the bar secretary and ask help to file the case for ex parte divorce . You will get it in one year and it is valid . You will be free to I've your life with son. All the best .

LawRato LawRato

702 votes

Dear Client

You have not other option but to file for a contested divorce on grounds of cruelty (assuming from facts stated by you). Since your son is already living with you, you need not file for his custody. As per law, you are the natural guardian so do not worry. In the same petition for divorce you should ask for maintenance for yourself and your son since it will put pressure on him to settle for a mutual divorce positively. Feel free to contact for detailed discussion or make an appointment to meet.
Adv. M. Chatterjee

Advocate Mrinmoi Chatterjee LawRato

764 votes

if your husband is not willing to give you divorce on mutual consent then you have to file nd contest a divorce on ground of cruelty and also have to contest for your sons custody that is the only other remedy which is available to you in present situation rest we can discuss it if you give other details

Advocate Ravi Ranjan LawRato