Legal procedure to file for divorce & child's custody
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If it is contested divorce then she need to sent a legal notice to her husband through an advocate... Then file a divorce petition in family court stating the grounds for the divorce.... The child custody will come to mother becoz child is below five years and he need spl care of mother rest you can meet an advocate and discuss the matter
The divorce petition needs to be filed before the family court under whose jurisdiction your sister resides. Along with the petition you need to file an application for child custody. The petition must contain the specific grounds for divorce specifically like cruelty, harassment, or anything else. If your sister is living separate from her husband the. The petition shall also mention this and the reasons for residing separately.
The application for child custody shall inform the court that why leaving her child with the father is not good for the child.
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