How to file domestic violence and child custody case

i get married on 24/01/2015, i have 4 months child. my mother cant see n both parents are above 65 age. my wife and her family mentally herress them and wife n her family wants only money. they did mrg just to misuse Domestic violance act. i severly stuck. so, now what to do to get child custody and get divorce too. i want divorce as earliest without paying anything to her family they married just bcoz they can misuse the law. her parents threaten alway my parents about misuse of the law. kindly guide me what to do..?

Answers (2)

229 votes

Domestic matter is filed by wife against the husband and its family for harresment and depriving the right of marriage.
while child custody case is diffrerent thing. Generally the cour provides child to her mother in case if it is below 5 years and in rest of case to his father.

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210 votes

As per Gaurdian act of India, minor child under age of 5 years live with mother but if show some concurrent proof then court will grant custody of your minor child.

You can file a divorce petition under head of cruelty, but in every case you have to pay a maintenance to your wife until second marriage of her.

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