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Divorce ,child maintenance , case of mental cruelity
14-Feb-2025 (In Divorce Law)
Married for 6 yrs. Hindu . Hv 17 months baby boy. Doctor warning well. Separated for 8 months from husband. He has asked for divorce by legal notice. I dont want coz of child but I have self respect. Also hv suspicion that he may put up cruelty case against me. What to do now. If I divorce then I want my child rights and maintenance. Pls throw some light
You can file a case of domestic violence if you have been subjected or you can also go for mutualconsent divorce seeking one time alimony from your and file consent terms for monthly payment for your child
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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As the mother of a 17-month-old child, you have strong legal rights. You will get custody of your child, and you are entitled to maintenance for both yourself and the child. If you do not wish to give a divorce, you can contest it and take legal action against your husband by filing cases for cruelty, domestic violence and maintenance, You can also file for restitution of conjugal rights if you wish to bring him back into the marriage. However, if you decide to proceed with the divorce, the legal approach changes. In that case, you can negotiate for a fair financial settlement, permanent alimony, and legal custody of your child with proper child support.
send a legal reply notice to your husband stating your disagreement and rest what to add in the notice, lawyer will guide you properly.
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Adv. Vishaal Gidwani
Kalyan | 25+ Answers
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Since your husband has asked for divorce, and you are not inclined to give divorce you can file a petition for Restitution of Conjugal rights. Simultaneously you can seek maintenance for your child and yourself. You can also make application under Domestic Violence act and interalia praying for providing accommodation. Even if you go and reside with your husband at your matrimonial house he doesn't have any right to restrain you from doing the same. If he does you can file a complaint against him.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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Well, your Husband cannot seek Mutual Divorce without you granting him Divorce. However, if he files for Unilateral Divorce, then, you can defend your case and can convince court via arguments of your Advocate that you do not need Divorce and as such, want Maintenance and Child Support. Custody of Child will remain with you, as Child is minor
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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We can file a petition for restitution i.e. the court will direct your husband to take you back tomyour home if the petitionnis granted in our favour. You can also file a domestic violence oetition against your husband or also a divorce petition and claim maintenance for you and your child.
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Adv. Shaikh Mustak Abdulhamid
Pune | 25+ Answers
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Since you have been married for six years under Hindu law and have a 17-month-old child, your legal rights as a wife and mother are well protected. As you do not wish to divorce, you have the right to contest your husband's petition in court. You can file a case for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, seeking reconciliation.
Regarding your concern about a cruelty allegation, unless there is strong evidence against you, such claims may not hold weight. However, it is advisable to maintain a record of your interactions with your husband to safeguard yourself legally.
If divorce proceeds, you are entitled to:
Child Custody – Courts usually grant custody of a young child to the mother, ensuring the father has visitation rights.
Maintenance – You can claim spousal maintenance under Section 125 CrPC and child maintenance under the Hindu Adoption and Maintenance Act.
Matrimonial Property Rights – If you contributed to assets, you may claim a share or residence rights.
I recommend responding to his legal notice strategically and preparing for all legal possibilities. Let’s discuss your next steps in detail.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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