Divorce and want to know about the child custody. I live in the same

609 votes

If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor child. And if there's no scope of living together then rather stretching the relationship you should file for 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.

Advocate Jitender Singh LawRato

572 votes

There are different grounds for divorce mutual where you both mutually agree to give divorce to each other and there are other grounds as you child is 3 months old he will be in your custody and as your husband has no job for your your child’s betterment custody may remain with you. Court may also direct the husband to get a job( if he is fit) and maintain and the child.

Advocate Karishma LawRato

755 votes

yes , you can file a divorce , the divorce case will be filed on the ground mentioned in law, if you are facing any cruelty, desertion, you can file , if you have sufficient sources of income to maintain your child , it will under your custody

Advocate Mukesh Kumar Sah LawRato

995 votes

well there are many reasons and ways but it depends what problem your marriage has created for you for which you are taking this decision of getting your divorce. furthermore regarding the child custody it depends on many factors but how much you have stated keeping in mind that info there is a high probability that you would be favoured.

Advocate Anurag Jangra LawRato

823 votes

To file for divorce in India, you need to follow a legal procedure that involves several steps. Here's an outline: Grounds for Divorce: You must have valid grounds under the Hindu Marriage Act (or relevant personal law), such as cruelty, adultery, or desertion, to file for divorce. If both you and your husband mutually agree to the divorce, you can file for a mutual consent divorce. Filing the Petition: You will need to file a divorce petition at the Family Court or District Court. If you are seeking a divorce based on fault (like cruelty), you must provide evidence to support your claim. Hearing and Final Decree: After filing, the court will set a date for a hearing. If contested, the case may take longer, involving mediation or counseling. After hearing both parties, the court will issue a decree of divorce. Regarding child custody, the best interest of the child is the primary consideration. Since your child is only 3 months old, it's likely that the court will initially grant custody to the mother, especially if the father is unemployed and unable to provide for the child. However, your husband can seek visitation rights. Courts usually give mothers primary custody unless there are concerns about their ability to care for the child. You can request interim custody orders, and if your husband’s financial situation is poor, it could influence child support arrangements.

Advocate Rupal Dwivedi LawRato