Mental cruelty based divorce and custody of child appeal

Question

Mental cruelty based divorce and custody of child appeal

13-Aug-2023 (In Divorce Law)

My husband and his family is disrespectful towards my parents and family. Husband keeps on taunting me for my family. I have a 2 months old baby, all issues started 3 months back over a small misunderstanding. Tried to clarify it but they became more opposing of keeping any cordial relationship with my family Can I get divorce and custody of my baby? How long the proceedings will go?

Answers (5)

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Adv. Sunil Kashyap Adv. Sunil Kashyap

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Advocate Jitender Singh LawRato · Accepted Answer · 2023-08-13T07:00:06+05:30

Answer #2

If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor child. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. And also the custody will remain with you since the baby is 2 months old. For more legal assistance I am just a call away.

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2023-08-13T10:06:46+05:30

Answer #3

Yes you have certain legal remedies Available under the Indian Law which you can avail and initiate. Do seek a detailed consultation from a lawyer having expertise in matrimonial laws. Divorce petition can be under section 13 of the Hindu Marriage Act on the ground of cruelty. For custody of child a separate petition needs to be filed under the Guardians & Wards Act. For a mutual consent divorce it takes 6 months however for a contested divorce it will take 2-3 years

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Advocate Kunal Seth LawRato · Accepted Answer · 2023-08-13T11:16:02+05:30

Answer #4

yes you can get a divorce on the basis of mental cruelty by your husband towards you and your parents. custody of children younger than 5 years is by default given to the mother. you can also go for divorce through mutual consent which takes a maximum of 6 months after staying separately for 1 year.

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Adv. Kunal Seth Adv. Kunal Seth

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Advocate Anupama Sharma LawRato · Accepted Answer · 2023-08-13T15:02:00+05:30

Answer #5

Yes custody of child will takes place with mother fir 6 years without any distubance and if u want to get divorce you can go for maintenance . If there is mutual agreement of divorce not much time for further query plz free to call

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Adv. Anupama Sharma Adv. Anupama Sharma

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