My husband has drinking habit, I am continuing going to talk to pls. S

Question

My husband has drinking habit, I am continuing going to talk to pls. S

30-Jun-2024 (In Divorce Law)

Hi, my husband has continue drinking habits, I am continuously requested him to stop these, but he is not leaving that...i mentally going depressed day by day due to these...now I have decided to give devorce him...but if I leave my home to my mother's home, he will get back my kids( 6 yr and 4 yr boys) back from me forcefully...i want him to discontinue these habits....what can I do, if I leave my home, what can I do to stop my husband to not get my kids forcefully...pls guide...I am not workin

Answers (5)

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Adv. Mukesh Kumar Sah Adv. Mukesh Kumar Sah

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-06-30T08:09:17+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 children. 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. For more legal assistance I am just a call away.

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Advocate Amit Sharma LawRato · Accepted Answer · 2024-06-30T09:51:56+05:30

Answer #3

Hello Hope you are doing great and in good health from the limited brief you have provided it seems you guys need counseling rather than legal help. you have a family and only problem is drinking habit of husband if so you should consult a good professional or family mentor who can amicably settle things for betterment. god forbid if you have to call off this marriage, do not worry about it Law has enough provision to protect your rights and safety. No one can take your kids from you. if situation is so seek police mediation under suggestions of a lawyer. Hope this will answer your question. Take care

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Advocate Rinki LawRato · Accepted Answer · 2024-06-30T12:51:29+05:30

Answer #4

Hey maam sorry to hear this but firstly do one thing apply for temporary custody from court for your children. That you husband can’t meet your children without permission. Take the divorce with him under 13a from court and apply 125 for maintenance from husband

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Adv. Rinki Adv. Rinki

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Advocate Vinay Redhu LawRato · Accepted Answer · 2024-06-30T13:14:06+05:30

Answer #5

You should file a divorce case for getting divorce and section 125 crpc case for getting maintenance and also child custody case for getting custody of your kids. You can even file a domestic violence case for getting compensation

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Adv. Vinay Redhu Adv. Vinay Redhu

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