Minor one year old daughter custody advice. Emotional and mental abuse

Question

Minor one year old daughter custody advice. Emotional and mental abuse

29-Nov-2025 (In Divorce Law)

I and my husband both are government servants and earn equally. He and his parents have harassed me to take leaves or quit job. I take care of her alone whenever I am at home including full weekends.When I and my husband goes to office, in laws, nanny takes care( my parents also done for 5 months). Can my husband be granted custody? Should I file dv, divorce and custody together

Answers (4)

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Adv. Chanchal Singh Adv. Chanchal Singh

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-12-01T12:35:36+05:30

Answer #2

Well, Custody of the Minor Child goes with Mother, so if the Husband has not yet taken Custody of the Child illegally, i.e, by taking her as per her whims and fancies anywhere, so the legal custody of child remains with you, even if he tries or has tried to take her away, in order to get the legal custody of the child, you can file a case in the concerned Family Court.

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Advocate Nishant V Gupta LawRato · Accepted Answer · 2025-12-01T15:07:18+05:30

Answer #3

As per your query you should take legal action against them as soon as possible. you should file for divorce case, domestic violence as well as child custody. Infact my question to you is why you are not initiating legal action against your. only advice i can give to you is to take strict action against them. legally

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Adv. Nishant V Gupta Adv. Nishant V Gupta

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-12-14T21:09:58+05:30

Answer #4

Your case, involving harassment and equal employment, necessitates filing Divorce, Cruelty, Domestic Violence and Child Custody petitions concurrently. The harassment to make you quit your job constitutes Mental Cruelty for divorce and Economic Abuse under the PWDV Act, which should be strongly highlighted by your lawyer. File the DV petition first to secure immediate protection and monetary relief. Regarding Custody, the court's paramount focus is the Welfare of the Child. Since both parents earn equally, the court will prioritize the primary caregiver. Your statement that you handle full-time caregiving, including weekends, strongly favors your claim. The husband's entitlement is secondary to the child's stable environment.

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