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Needed a divorce after 1.5 years of seperation
18-Nov-2024 (In Divorce Law)
Husband is disabled person after 3 yrs of marriage. He get stroke but unfortunately i am feeling very lonely in his house and he becomes aggressive as well. We both party agreed upon mutual divorce but i do have 5 years daughter who's custody was claimed by husbands family. Currently my husband is not capable to raise her as he is 75% disabled. I do job but salary is less. Husband have father mother who are diabetic & bp patients. How can i go for divorce? How maintenance works in this case?
You can state all the terms and conditions as regards custody and maintenance in the mutual consent divorce itself. Also since your husband is not physically capable to take care of the child Courts may consider granting you the custody. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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In your situation there is some compelling and compassionate grounds, so lets evaluate this from an ethical perspective. It is possible that your husband's mood swings are attributed due to his disability and inability to function. In this situation he may have higher financial and future medical requirements. From a legal perspective if you wish to end the marriage and opt for divorce then you need to consider the child's best interest and his ongoing contact with his father and grandparents, as in most cases it is in child interest to maintain such contact for positive upbringing. For divorce, the quickest option would be a mutually agreeable divorce and any maintenance claim (if any) can be dealt with in the application.
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Adv. Zubin Kalchuri
Ahmednagar | 25+ Answers
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Well, I can understsnd your concern. You can seek a Mutual Divorce if he is ready to give or else, you can seek a Unilateral Divorce. As far as Maintenance or Alimony is concerned, there are very less chances, that, you will get it, however, you can get Child Support, if your Husband is economically capable for it
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Well, you can get Divorce if the Husband has not informed you about his Physical Disability before Marriage and as such, by suppressing such a pivotal fact, his intent was to marry you, then, if you have fallen in such trap, then, you can lodge a FIR against him, seek Divorce from him, otherwise no. In your case, after Marriage, as he has become disabled and not been able to consummate marriage, then on such ground too, there are chances, you can get Divorve, but you won't get Maintenance.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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