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Legal procedure to file for divorce & get children's custody by wife
08-May-2023 (In Divorce Law)
A friend of mine working and earning a good salary has been getting mentally and physically abused by her husband since last 10 years. they have two kids. Since last two years she got into adultry, with her situation she got emotionally attached to other man. Now her husband is blackmailing her and abusing and hitting her that she has affair and has got all the proofs. he is telling if she files for divorce then he will expose her and share all the proofs of her affair. She is really not aware that her husband has proof or not. But she now wants just only one thing. She wants custody of her kids. As her husband doesn't takes care of kids financially and even neither takes care of them for studies and scolds kids. Her kids are scared of him because they saw her husband hitting her, and now they don't want to stay with him. is there any solution where she gets her kids custody with her.
See so far divorce is concerned I believe that it should go mutually because of the fact that he is alleging allegations therefore it would be advisable that divorce should be taken mutually and the custody part is concerned talk to the husband if he agrees well or else she’ll have to battle the matter out
Helpful?
Adv. Jorong Sanga
Ranchi | 100+ Answers
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Venerated Sir,
I bring to inform you that as per the law of India Mother have full rights over custody of minor childrens this facts has been supported by several judgments by the Supreme Court. If your friend make divorce then Mother should also claim about the custody of minor child. As you already mentioned in your grievance that children are afraid from the behavior of his father which supports your case. Feel free to call me for more assistance.
I bring to inform you that as per the law of India Mother have full rights over custody of minor childrens this facts has been supported by several judgments by the Supreme Court. If your friend make divorce then Mother should also claim about the custody of minor child. As you already mentioned in your grievance that children are afraid from the behavior of his father which supports your case. Feel free to call me for more assistance.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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DEAR SIR
IF YOUR FRIEND WANT TO SAVE HERSELF FROM ALL CORNER THEN SHE IS REQUIRED TO TAKE LEGAL ACTION AGAINST HER HUSBAND.
FIRST SHE IS REQUIRED TI FILE MAINTAINABLE ON BEHALF OF HER KIDS AGAINST HER HUSBAND .
SHE IS FURTHER REQUIRED TO FILE CUSTODY CASE FOR HER KINDS AND FINALLY SHE IS REQUIRED TO FILE A CASE UNDER DOMESTIC VIOLENCE.
IF SHE FILE ALL CASES THEN THERE SHALL NOT BE PLACE FOR BLACKMAILING OR DOING ANY THING ADVERSE.
FOR DETAIL KINDLY CONTACT
IF YOUR FRIEND WANT TO SAVE HERSELF FROM ALL CORNER THEN SHE IS REQUIRED TO TAKE LEGAL ACTION AGAINST HER HUSBAND.
FIRST SHE IS REQUIRED TI FILE MAINTAINABLE ON BEHALF OF HER KIDS AGAINST HER HUSBAND .
SHE IS FURTHER REQUIRED TO FILE CUSTODY CASE FOR HER KINDS AND FINALLY SHE IS REQUIRED TO FILE A CASE UNDER DOMESTIC VIOLENCE.
IF SHE FILE ALL CASES THEN THERE SHALL NOT BE PLACE FOR BLACKMAILING OR DOING ANY THING ADVERSE.
FOR DETAIL KINDLY CONTACT
Helpful?
Adv. Shyam Narsaria
Ranchi | 200+ Answers
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