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How to get divorce from abusive husband and claim child custody


21-Aug-2023 (In Divorce Law)
I have one baby boy who is now 5 years old.my marrige was done on 17-2-2012. Starting days was good after my marrige n after dat my husband came daily had drunk at home n harrase me by physicaly n sexually my mother in law n sister in law also harrase me by physicaly n verbely n after that i decide to leav that home n leave from der on 13-11-2015 n now m staying at my parents home with my child n i want divorce n my child custody. What should I do?
Answers (3)

Answer #1
537 votes
We have to file a petition for divorce as well as if the custody of the child is in possession of the husband then only we have to file custody of child petition
We can file a divorce petition on the ground of cruelty
Answer #2
640 votes
As per the information provided, it appears that you would be able to file DV case as well as contest for divorce. If your husband is also willing for divorce, then better option would be to apply for divorce with mutual consent.

Please dont consider this as final advise as there are many delicacies that need to be handled on case to case basis and I would be able to advise you appropriately only after detailed discussion
Answer #3
995 votes
You have not mentioned your religion. You can file divorce on the ground of cruelty in the same you may ask for custody of your child. You may file police complaint if they physically torture you. Medical can be done incase physically tortured by them

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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