Need divorce from my cheating husband and custody of our daughter


I am staying separately from my Husband for the last 1.5 years. We have been married for 7.5 years (6 years in courtship & more than 1 year living separately), a love and inter caste marriage. During courtship, my husband used to torture me but as of now I do not have any proof for the same.

 

We had no sex in the last 1 year when we were staying together. I found that my husband was cheating on me. I decided to move out of our Martial Home. We have a 6 year old daughter also. She is with my in-laws. My husband has not been working since the last one year. I just want a Divorce from him. Please guide.

 

Answer

 

Assuming you are a Hindu  you will be governed by the Hindu Marriage Act 1956.

 

If you are unhappy with the marriage, you have two option available with you. Either you can file a contested divorce under Section 13 (1) on grounds of cruelty. Along with the said petition you can file an application for maintenance under Section 125 of Crpc. Furthermore, you can file another petition with respect to the custody of your children. If your daughter is a minor then you need to file a petition for the custody of the daughter. 

 

Section 6 of The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. For appointment of declaration of any person as guardian, the court shall consider the welfare of minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being."

 

The above mentioned procedure is one option. 

 

The other option available for you is to file a Mutual Consent divorce under Section 13 B of Hindu Marriage Act 1955. But this is only possible if your husband is willing to give you a divorce as well. So you will have to enter in a MOU /agreement with your husband wherein you will have to specify the terms of your divorce such as alimony/maintenance and custody of your children. This process is faster and cost effective.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

Hi sirs, my name is manohar raju, 1 year before I got married and after conceiving after 2 month's of marriage, she herself revealed she has an af…

Read More

Wife is cheating???everyone knows that ,even her parents..I have one boy child with her, I am in Delhi ,she is in Dhanbad,serving in Railways..she her…

Read More

married for 8 years with whom i was in relationship for 7 years having 4 year old daughter he is been unfaithful to me recently i found that he is bee…

Read More

I am a Hindu,married for last 16.5 yrs.My husband had many a times extra marital affairs.Thinking of by mistake he has done so I hv forgiven him.We we…

Read More

Talk to a lawyer for your legal issue