How to initiate divorce proceedings and get custody of child

747 votes

You have to file maintenance case against your husband. Is there any change of your husband coming back to India. Tell me whether how your husband went it Germany, either on his own or through company.

Advocate Murali Mohan Rao LawRato

933 votes

HI
Filing a complaint is no different from FIR.
you need to seriously think about filing the Domestic violence case and make your husband realise that he has harmed you mentally and physically.
If the husband recognizes and apologies for the mistakes, probably you can withdraw the DVC.
if there is no change in character and conduct of your husband, i am afraid you need to pursue the DVC and get the monetary compensation from your husband for the mental and physical abuse.
Divorce proceedings are separate from DVC proceedings. So if your husband wants mutual consent, then he should be prepared to shell out money to secure your future and the child's future.
Since the child is 2.5 year old, by default courts will grant you child custody. so no worries.
pursue your complaint with police station and convert it to FIR if you do not see quick turnaround in your husband's character and conduct

Advocate Rajagopalan LawRato

823 votes

Dear Client,
Information is insufficient. Whether your wife, child and you are living together in the same house or not. Whether your wife, child are living separately from you. You can apply for court for child custody by engaging an expert advocate who has been doing practice in child custody cases in your area.

Advocate Sistla Rama Krishna LawRato

512 votes

As you have already file proceeding under conjugal rights to call your wife back you can not proceed contrary I.e.for divorce and with respect to custody for your child you can file application for custody if u r child , and state the reason as u mentioned about school.ty

Advocate Aher Yogesh Mohan LawRato

752 votes

firstly you decided want you want
if you want custody
then you file misc. application before Hon'ble District Judge for Custody.
on or before you file withdrawal restitution petition and file fresh petition for divorce.
your first ground is cruelty, there is a sufficient ground for want of divorce.
as per education of your son is another ground for cruelty.
there is no definition of cruelty.

Advocate Nilesh Y Thengre LawRato

630 votes

If you filed restitution then how can you contradict the same by filing divorce? One option is to let the restitution go on till the decree is granted. If it is ruled in your favour and she does not want to come back then she might appeal in high court. If it goes for mediation and she specifies she does not want to reconcile then the mediator will ask you both to consider divorce. You will have to pay a lump sum alimony but it will be decided as per your financial capacity. You need to file custody in the Court of the place in UP where the child is currently residing. That cant be filed in your city of residence.

Advocate Pipli Datta LawRato

960 votes

Hi,
You can file divorce case and prove as to what all proofs you have against the character of you wife. Second thing is for custody of child you have to file separate case as it depends as to how much age the child is of boy or girl . Call us through the website for further assistance.

Advocate Mohammed Abdul Quadeer LawRato