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Procedure for obtaining Divorce and child custody
05-Sep-2023 (In Divorce Law)
Ive am a hindu woman married for a little over 3 years now. I have a nine month old baby girl. I am a working woman having a modest but steady income whereas my husband is currently self employed. We have had a love marriage but my husband is an irresponsible and lazy man, in the course of 3 years he has been unemployed for over a year and he is not working actively in his current business. The responsibility of the upkeep of my baby financially has squarely fallen on my shoulders we have constant fights and it has taken a mental toll on me. His parents are totally supportive of his behaviour and justify it anyways possible. Constant fights which have turned once into physical abuse has depressed me. I see no future of a happy family for even the sake of my daughter. I want full custody of my child and child support from my husband. Will that be possible. Will i have to grant visitation rights if i get custody.
Hi there!
You can file petition for divorce on the ground of cruelty and irresponsible behaviour of your husband.
You can also pray for the permanent custody of your daughter since she is 9 month old the custody will be in favour.
You can file petition for divorce on the ground of cruelty and irresponsible behaviour of your husband.
You can also pray for the permanent custody of your daughter since she is 9 month old the custody will be in favour.
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Adv. M.A. Rahman
Mumbai | 100+ Answers
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As per your query
You can approach Family court seeking divorce from your husband simultaneously you can seek maintenance for yourself and your daughter, also you can seek custody of your baby. Also you can file application in Magistrate court for protection and shelter under Domestic Violence Act. In case your in-laws are also harassing you, you can file criminal complaint against your husband and in-laws to the police. Your husband will have the right to visit the daughter in any case.
You can approach Family court seeking divorce from your husband simultaneously you can seek maintenance for yourself and your daughter, also you can seek custody of your baby. Also you can file application in Magistrate court for protection and shelter under Domestic Violence Act. In case your in-laws are also harassing you, you can file criminal complaint against your husband and in-laws to the police. Your husband will have the right to visit the daughter in any case.
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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Being irresponsible towards family duties and regular basic household things will obviously take both of you to disputes ;stress and hurting each other.If possible take up marriage councelling individually as well as together or else if you really have made up your mind then legal options like child custody will be preferred to u no doubts along with child's visitation and meeting rights too
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Adv. Seema Ravindra Kulkarni
Pune | 100+ Answers
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