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How to file divorce seeking custody of daughter
04-Aug-2023 (In Divorce Law)
My niece who is a Hindu is married also to a Hindu and is facing problems with her husband. They are having a 3 year old daughter Her husband has made video of her activities after agitating her and now is blackmailing her. He is threatening to go to court against her and take position of their daughter. He had also physically assaulted her after an argument following which my niece had called the police. As a revenge her husband is doing all these. What legal action can my niece take and how can she file a divorce seeking custody of daughter and seek alimony.
Is there any reports or any kind of evidence to support that she has been physically assaulted?
You may always file a case against him for physical assault. The position for the child custody depends. Mostly mothers are given the custody for which she is also entitled to child support maintenance as well as her alimony.
Please be noted that the situation may change as per the facts which can be elaborated more clearly.
You may always file a case against him for physical assault. The position for the child custody depends. Mostly mothers are given the custody for which she is also entitled to child support maintenance as well as her alimony.
Please be noted that the situation may change as per the facts which can be elaborated more clearly.
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Adv. Kunal Kumar
Delhi | 25+ Answers
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In this case, application has to be drafted considering all the points .i will suggest to meet a lawyer. And proceed with it.
You yourself wont be able to do it. A proper guidance and drafting is to be done by the advocate.
You yourself wont be able to do it. A proper guidance and drafting is to be done by the advocate.
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Adv. Amit Nagar
Delhi | 25+ Answers
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You can file for maintenance under the Hindu marriage Act. You should file a police complaint against your husband for physically assaulting you. Further you can file file for conjugal rights for you child and take her custody.
You will also get alimony and maintenance for yourself and for your daughter by way of filing maintenance under Hindu marriage Act.
You will also get alimony and maintenance for yourself and for your daughter by way of filing maintenance under Hindu marriage Act.
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Adv. Shreshth Jain
Delhi | 100+ Answers
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First of all it’s important to know which type of video he has. Secondly we can file the divorce and take the custody of daughter if She is 5 years old and less also there are some other grounds to take it. It’s long discussion not possible to write here. You can connect me on 9911912226.
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Adv. Sachin Kumar Dubey
Delhi | 25+ Answers
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Your niece should immediately approach the crime against women cell of her district and file a complaint. And then file complaint with the court under domestic violence act as well as maintenance and divorce case. Kindly contact a lawyer. Also register FIR u/s 498-A
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Adv. Mukesh Choudhary
Delhi | 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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