How to file for a divorce and get child custody

957 votes

After completion of one year of marriage,you can take divorce as per Hindu marriage act.but child custody would be preferable to mother until the child is not completing five years of age.you can get divorce but not the Custody of child if you are not a mother.

Advocate Poonam Rakesh Mishra LawRato

723 votes

Are you for husband or wife? Where you from? Which City? If its for Ahmedabad I can file your case in Family Court. You may contact me if you from ahmedabad or suburb area of ahmedabad. Generally 8 months baby remains with wife only.

Advocate Athar Amaan Hava LawRato

794 votes

You can file divorce case in the appropriate court under the provisions of Hindu Marriage act by engaging the services of a lawyer. The case would be file in family court in District level. As regard the child

Advocate Jitender Kundu LawRato

941 votes

From the question it is not clear whether the wife has asked or husband. however, divorce and custody of child are two different issues. there are settled laws that the custody of child below the age of 10 is to be given to the mother as she can be the best care taker. unless it is proved that the mother is not fit for the purpose. divorce can be claimed on different grounds. if you are wife you can claim temporary custody of child in the domestic violence act proceedings. The best advice can be given only after the case details

Advocate Shashikant Narottambhai Parmar LawRato

504 votes

During your query....you have not mentioned your status in the said relation...so no proper guidance can be given....write in details something.

Advocate Suneeta Ramesh Shukla LawRato