If I file for divorce mutually will I get the child custody?
20-Jan-2023 (In Divorce Law)
I am 30 yrs old female married for 7 yrs and mother of 2 sons 6 yrs and 4 yrs old. All the years of marriage hasn't been good with cases of sexual abuse, in laws mental torture. Now husband has started doubting me also and abuses cause of that giving mental tension. He is now disgusted and asking divorce as i am not fulfilling 'wife' duties.
So if it's we go for mutual constent divorce, will i get both child custody? Will i get maintenance? Alimony? How much can i claim ? He earns around Rs 70k take home. I am not working now
If you have decided to dissolve your marriage with him by a decree of divorce by mutual consent, you may firs enter into a memorandum of understanding with him about all those issues involved in the post nuptial phase.
First is about maintenance or alimony amount to be paid to you
Second maintenance amount to the children and also for their education
Third is about the custody of the children post divorce and visitation rights to him, if any.
Fourth is about share of his immovable property to the children.
Any other things that may be included based on the circumstances prevailing in your side.
You may discuss with a lawyer in person about all such issues that are involved thus and decide based on the agreeable conditions alone.
For their tortures you can lodge a police complaint under section 498a and also can file a DV case seeking protection , residential rights and also maintenance amount.
First is about maintenance or alimony amount to be paid to you
Second maintenance amount to the children and also for their education
Third is about the custody of the children post divorce and visitation rights to him, if any.
Fourth is about share of his immovable property to the children.
Any other things that may be included based on the circumstances prevailing in your side.
You may discuss with a lawyer in person about all such issues that are involved thus and decide based on the agreeable conditions alone.
For their tortures you can lodge a police complaint under section 498a and also can file a DV case seeking protection , residential rights and also maintenance amount.
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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