Issue pertaining to child custody and leaving husband. Seeking lawful

Question

Issue pertaining to child custody and leaving husband. Seeking lawful

18-Jan-2026 (In Divorce Law)

Hi, I need your help in understanding the family law towards one's child. I want to leave my husband but I want to keep my baby with me. Is it lawfully possible and what is needed for that. Can you give me consultation on this. I do not want to stay with my in-laws and my husband is not willing to listen to me in anyway. Plus my husband is not earning well which makes us bound to stay at in laws house. Seeking this information beforehand to avoid any issues later. How can I proceed

Answers (5)

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Adv. Pankaj Bajaj Adv. Pankaj Bajaj

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Advocate Mahrukh Khan LawRato · Accepted Answer · 2026-01-18T12:31:14+05:30

Answer #2

File a custody petition under Guardian and Wards Act Seek interim custody Allow reasonable visitation (unless unsafe) Keep proof of: Child’s school records Medical care Residence stability Conclusion ✔️ A wife can lawfully leave her husband ✔️ She can lawfully keep her minor child ✔️ Courts prioritize child welfare, not marital fault

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Adv. Mahrukh Khan Adv. Mahrukh Khan

Mumbai | 200+ Answers

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Advocate Santosh S. Gaikwad LawRato · Accepted Answer · 2026-01-18T17:31:17+05:30

Answer #3

kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person

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Adv. Santosh S. Gaikwad Adv. Santosh S. Gaikwad

Navi Mumbai | 50+ Answers

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Advocate Mrunmayi Kotawadekar LawRato · Accepted Answer · 2026-01-18T18:35:44+05:30

Answer #4

You may file for divorce on grounds of mental cruelty due to continuous neglect, lack of emotional support, and failure to care for the child. You can also claim maintenance, child custody, and interim relief. Mutual consent divorce is possible if both agree.

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Adv. Mrunmayi Kotawadekar Adv. Mrunmayi Kotawadekar

Mumbai | 100+ Answers

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Advocate Nikam Nitin LawRato · Accepted Answer · 2026-01-18T19:25:31+05:30

Answer #5

if your baby is a below 7 years old then you as a natural guardian you have a right of custody of your baby. without taking divorce if you like to stay separately from your husband then you can file application towards the family court or civil court for the judicial separation. in this case you are marriage remain valid and you can claim some maintenance amount from your husband towards you and your child. even if your husband is not earning a single rupee then also law bounds him to pay a maintenance to you and your child. I hope above information will be a satisfactory to h you . if you required any specific information or advice then do not hesitate to connect with me thank you.

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Adv. Nikam Nitin Adv. Nikam Nitin

Nashik | 25+ Answers

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