How to file for divorce and get child custody as well?


My husband verbally and emotionally abuses me and mentally tortures me as well.I want a divorce.I need to know if I can make an out of court settlement with him that I will not file a case of verbal and emotional abuse against him if he agrees to give me custody of my 9 year old daughter.He is a heavy drinker and I can't let him have custody of my daughter.

Answers (2)


75 votes

As per the details provided by you it appears that your husband gives you cruel treatment. Under Hindu marriage act there are various grounds under which you can seek divorce and cruelty being one of them you can file a divorce petition and can also ask for maintenance for you and your daughter and also ask for custody of your daughter.

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213 votes

If u want mutual consent divorce you have to talk with husband or you can consult lawyer on that aspect. You can also file divorce petition on ground if cruelty which you have to prove in court of law. You can also claim custody of daughter n maintenance in same matter.

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