How to initiate divorce proceedings and get custody of children

848 votes

Hi
You should file a case of DOmestic violence at the police station as it appears that your husband has deserted you and the child.
Please approach the nearest woman police station and file a complaint against your husband.
Police will try to counsel the husband and your in laws and try to reconcile both of you. If reconciliation fails, i am afraid you need to think about proceeding legally so as to protect yourself and your 1 year old kid.

Advocate Rajagopalan LawRato

875 votes

Madam,

File a Domestic Violence case against your husband and in-laws for their behavior. They have subjected you to severe cruelty that can be understood from your submissions. Through DV case, you can seek many reliefs from the court like protection order against your husband and in-laws, Alternative accommodation and compensation along with interim maintenance. Do not worry about the custody of your kid as mother is the natural guardian of child up to the age of 5 years. If you do not want to file the DV case, file for divorce under cruelty ground and seek interim maintenance for yourself and your kid and also pray for permanent alimony in the prayer which will be allowed after granting of the divorce decree. I hope this helps.

Advocate B. Srikiran LawRato

917 votes

Dear Client
You can apply for divorce in the court of your area and simultaneously apply for the custody of your children. Mother always has the better chances of getting custody of minor children. Rest you can discuss in detail with facts of your case over call

Advocate Suksham Aggarwal LawRato

673 votes

Since your children are less than 6 years of age, you have every right to retain custody of both your children, and your husband shall not be get custody of children. Additionally you are working in Nationalized bank, hence you can take care of your children. Post divorce you are entitled for alimony from your husband, and your husband is under legal obligation to provide maintenaince for both your children. You may go ahead & file petition for divorce on the grounds available under the law. For more specific advice you may contact me with specific details of your issue.

Advocate Vivek Nasa LawRato

650 votes

Dear madam

It is unfortunate to hear about your circumstances. You need to file divorce petition and simultaneously another application for custody of your children.
For more specific advice on your case i wiil recommended personal consultation with a legal advisor
If you have any further queries i will be more than happy to assist you
Regards
Farhat Warsi
Advocate

Advocate Farhat Warsi LawRato

528 votes

MADAM,

U HAVE TO FILE TWO DIFFERENT CASES, cUSTODY FOR BOY AND HE IS TOO SMALL AT PRESENT SO YOUR CHANCES ARE BRIGHT.
YOUR HUSBAND WILL ONLY GET VISITATION RIGHTS

AS FAR DIVORCE IS CONCERNED, U HAVE TO TELL ME THE GROUNDS OF CRUELTY OR OTHER GROUNDS SUCH AS HAVING EXTRA MARITAL AFFAIR, ALCOHOLIC, PHYSICAL ABUSE ETC
TO FILE FOR DIVORCE YOU HAVE TO TELL ME THE ENTIRE STORY THAN ONLY PROPER LEGAL ADVICE CAN BE GIVEN.

KINDLY GET ONE MEETING FIXED FOR FURTHER LEGAL ADVICE

Advocate Harish Malhotra LawRato