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How can any wife claim for child custody and divorce compensation
09-Sep-2023 (In Divorce Law)
My friend got married 13 yrs back she faced domestic violence many times ,due 2 which her In and out entry was most of the time in her parents house now after 13 yrs she and her 7 yr son is at her parents house from past 10 months so if she files a case of divorce with a child custody is she liable to get security money for her child and for her as well ?
Yes, of course. She should file divorce u/s 13(1)(1a) of Hindu Marriage Act and along with that claim interim maintenance from the Husband in an accompanying application u/s 23, 24. She will also have to file a separate custody suit for the child wherein, Mothers always have the sympathy of the Court. However, she will also have to show in the custody suit as to how she is a better parent for the son than her husband.
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Adv. Kushagra Pandey
Delhi | 25+ Answers
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You have to contest the said divorce and file appropriate case before the appropriate court. She can file a case u/s 125 cr.p.c seeking maintainance for herself as well as for her child and samutaneously file a complaint u/s 12 DV act before women's court.
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Adv. Manmeet Singh
Delhi | 25+ Answers
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Sir,
Your friend and her child has a right to maintenance from the husband. She can file a maintenance petition along with divorce petition to get the best relief.
For further discussion, kindly contact with complete details.
Your friend and her child has a right to maintenance from the husband. She can file a maintenance petition along with divorce petition to get the best relief.
For further discussion, kindly contact with complete details.
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Adv. Surbhi Saxena
Delhi | 25+ Answers
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Yes ofcource, she will get child custody and maintenance also. If there will be divorce by mutual concent then she will get both child custody as well as security money. Or if there will be contesting then also its a more chance to get maintenance for her and child. After maturity of a child its a child dicission to whome he/she want to live with. There are many numbers of cases which court gives child custody to mother for better care.
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Adv. Himanshu Sharma
Delhi | 25+ Answers
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yes she can filed a case for maintenance for her child and herself and also filed divorce case. you are feel free for contact.
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Adv. Chandra Shekhar Mishra
Delhi | 25+ Answers
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