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How to apply for divorce and child custody
04-Oct-2023 (In Divorce Law)
Female/32 yrs, remarried, husband uses very bad abusive language even if there is slightest of argument , has thrashed me twice very badly amidst to arguments, threatens that his family/ uncle helped people get away with even cases like accident/ labour got killed and nothing happened to them so he can do bad to me and my family and no one would know. I am scared if I take my 2 yr daughter and stayed with my parents he will come there n make life hell, they are too old to handle such stuff. In laws know the situation and his temper but don't do much. What should I do, I need help. I don't need anything from him, just want my daughter
for all your grievances you have to take legal recourse. being a female child, your have more rights then your husband and you of claim custody of the child as well. you can claim maintenance as well.
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Adv. Manoj Kumar
Delhi | 200+ Answers
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You can file a case against your husband under Section 498A IPC for cruelty and a petition for divorce on the same ground. A petition also needs to be filed for the custody of the minor daughter. Please get in touch with further details for prompt action.
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Adv. Nupur Kumar
Delhi | 100+ Answers
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Provisions of domestic violence act will come for your rescue. You are free to stay at your parental home with your baby. You may file case of domestic violence for your protection. Test assured, your husband cannot snatch your daughter..law is in your favour. If he gets violent, you may get protection order from the court.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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Firstly you must file a complaint under Domestic Violence Act in a Court. You must pray for protection under DV Act asking him to be restrained from visiting or troubling you. The Court will appoint a Protection Officer. You can also ask for maintenance for self and daughter. Also ask for right to residence. If dowry demands are also there then file a complaint under Section 498A IPC
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Madam, in your situation you have the option of filing a criminal complaint under the IPC for cruelty etc. You also have the option of prosecuting your husband under the Domestic Violence Act. There are other options as well. Your daughter may be permitted in your custody by the court in the best interest of the child. Please keep in mind that no one is above the law, not even your husband and in laws. Far too often have the high and mighty suffered for their misdeeds to require any further qualification to this axiom. However, for all this you must seek expert professional advice
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Adv. Rajat Joseph
Delhi | 200+ Answers
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You should immediately file a complaint with the CAW cell regarding the incidents of dowry demands and cruelty. Simultaneously you should file a petition under domestic violence act seeking residence order and monetary relief for yourself and your child.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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You need to consult immediately. As per Indian Law on custody a child who is still as small as your daughter has to be with mother. You can also move an FIR against this action or register a case with the Women Cell. For a proper advice you would be required to meet and take consultation with details of the facts and situation.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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You should file a complaint in CAW cell against your husband and your in laws.... with that you file an application for maintainence and custody of your child alongwith that you should file a divorce petition..... and lastly you should make a complaint to the police for cruelity and torture and physical assault and mental pain and agony so as to lodge a FIR under relevant sections of the indian penal code against your husband and in laws and ofcourse do all this under proper guidance and consultation
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Adv. Akshay Kumar Verma
Delhi | 25+ Answers
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Dear Client,
If she has already registered a FIR then you have to take bail at first. You can also registered FIR too. If police is not cooperating we can register through the court. Feel free to Contact.
Regards,
Mandeep S Pathania Advocate & Consultant
If she has already registered a FIR then you have to take bail at first. You can also registered FIR too. If police is not cooperating we can register through the court. Feel free to Contact.
Regards,
Mandeep S Pathania Advocate & Consultant
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Adv. Mandeep Singh Pathania
Delhi | 25+ Answers
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Dear Client
First of all do not indulge yourself in any legal activity before engaging a lawyer and his/her advice. Jo bhi statements aap aaj ani dente so throughout case same rahengi and you cannot change. For narco test you will have to move a separate case against her and file an application.
First of all do not indulge yourself in any legal activity before engaging a lawyer and his/her advice. Jo bhi statements aap aaj ani dente so throughout case same rahengi and you cannot change. For narco test you will have to move a separate case against her and file an application.
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Adv. Suksham Aggarwal
Ambala | 100+ Answers
Chat
If possible compromise the matter in women cell. If F.I.R. has lodged then no time left to you to take verbal advise. Dont wait and take services of an advocate. It is a serious matter. If you want to contest the case then you will get chance to bring your evidence and proof.
For child custody, you have to file a case in the concerned/family court through an advocate.
For child custody, you have to file a case in the concerned/family court through an advocate.
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Adv. Arun Kumar Gupta
Faridabad | 25+ Answers
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