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Irresponsible husband how to get divorce and child custody


31-Aug-2023 (In Divorce Law)
I need a divorce from my husband. We are married on 11 July 2012 and I have a 4 years old son. I am living with my son and my dad from the last 3 years. My husband used to come everyday at my place but that's only to meet our son and for his breakfast and dinner. I am not getting any financial help from his side. He used to take care of his school fees but apart from that all the expenses are taken care by me. He's very irresponsible and always argue with me and with my sisters if we tried to talk about our marriage. What should I do?
Answers (5)

Answer #1
794 votes
You can easily file for a divorce in the family court u/s 13 of the HMA, if you are a Hindu. This section pertains to the ground of cruelty which could be both financial & mental. Since it is a little bit of both in your case, you can file for a judicial separation u/s 10 of Hindu Marriage Act as well, as you have already been living away from him.
As far as the child custody is concerned, you can put up the evidential proof that you have been paying the bills all along and taking care of your son and ask for maintenance for your son & alimony for yourself on these grounds.

Answer #2
907 votes
Dear madam you can file a divorce petition in the court and also a suit for maintainence and if the husband is ready for giving divorce mutually then you can also file a mutual divorce petition where without any dispute court grant a divorce decree
Answer #3
780 votes
Hi, you should first claim maintenance from our husband and then can ule a case for divorce before the Hon'ble Court.

You can also claim maintenance for your son.

For more information feel free to have a word with me
All the best
Answer #4
847 votes
your question is not clear, i don't understand that what you want because you did not mention clearly in your query, either you want divorce from your husband or you want to live with your husband or you want maintenance for yourself or your child, so please mention clearly or you can contact to me for better advice.
Answer #5
823 votes
Hi, in the present circumstances you can file a case in the family court of your area citing the circumstances and mental cruelty as reason of divorce. It may be possible that during counselling the matter is solved or else the case of divorce will proceed.

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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