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Domestic abuse and child custody
01-Jul-2024 (In Divorce Law)
If a couple file for the divorce, who will get the custody of the 7 year old girl child. Husband secretly taps his wife's phone without her knowledge regularly. He every now and then hits his wife and later says he did that under depression. Claims he is depressed but never got violent at his workplace or with anyone other than his wife. The child is scared of him that if he gets angry he will hit her mother. And he threatens if you file for divorce you will have to leave the daughter with him.
Generally in case of custody of kids below 5 years it always goes with the mother and in your case since she is a girl child the court would mostly favour the mother in granting custody and if you can prove that the father commits violence then it will definitely would go to mother
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Adv. Vinay Redhu
Adv. Vinay Redhu
Delhi | 200+ Answers
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If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances and threats 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. 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.
And u file a maintenance under the Maintenance act 1956 case and go for child custody as much we need maintenance For more legal assistance I am just a call away.
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Adv. Rishabh Gupta
Adv. Rishabh Gupta
Delhi | 50+ Answers
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If the husband is abusive, custody of the child can be granted in favor of the mother only. Welfare of the child is paramount in the eyes of law. Also if husband harasses and abuses the wife physical, immediate police complaint is needed and divorce can also be filed on the same ground. For better understanding feel free to contact.
Thanks
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Adv. Bhawana Pandey
Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Hello
The custody will be decided by court and it will depend on the representation and case proceedings. considering the age and it female child the custody most probably will go to mother provided the cases is handled by professional and structure drafts.
from start , move under legal professional supervision
hope this will answer your questions
take care
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Adv. Amit Sharma
Adv. Amit Sharma
Delhi | 50+ Answers
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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.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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