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File for contested divorce while staying with husband


11-Jun-2025 (In Divorce Law)
Can I file for contested divorce and custody of my 2 year old son in case of domestic violence while staying with my husband in the same house.
Answers (3)

Answer #1
779 votes
Yes, you can file for a contested divorce and you can ask custody of your son while still living in the same house. As your husband , especially given the domestic violence situation . However, your immediate safty is the most important thing. You absolutely have the right to file the petition for dissolution of your marriage and request for the custody of your son . Domestic violence is a critical factor in your case . Immediately consult a lawyer and request for temporary custody of your son . This is often granted ex parte decree. ex-party decree is the temporary Restraining orders will help you to the exclusive position of your marital home . You can ask an interim relief for your child custody and maintenance also . File a separate petition for your son custody, under the Guardians and wards Act . The court primary concern will be the best interest of the child .
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Advocate Pavani Kumari

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Answer #2
962 votes
hi yes you could file for divorce even if both are living together and as the child is of 2 years only generally the custody would be given to mother and coulf obtain relief and you could file petition for domestic violence
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Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

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Answer #3
710 votes
Yes, you can file for contested divorce and seek custody of your 2-year-old child even while staying in the same house with your husband. In cases of domestic violence, you may also file a case under the Protection of Women from Domestic Violence Act, 2005, seeking protection, residence rights, and interim custody orders. The law does not require you to move out to file such cases; in fact, you can request the court to direct your husband to move out or provide separate accommodation if needed.
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Advocate Mrudhula Jahnavi

Adv. Mrudhula Jahnavi

LawRatoSerilingampally | 200+ Answers
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