Procedure to apply for divorce and child custody

780 votes

Hi, he can file a divorce petition in family court .. The custody of children is likely to stay with mother as they are infant , however he can get visitation rights from court..Further,the Alimony will be decided by court

Advocate Hemant Chaudhary LawRato

646 votes

He can file the divorce petition under section 13 of Hindu Marriage Act on the ground of cruelty and if he wants the custody of child of 5 year he can take and there is no need to give any alimony to the wife. She can only take maintenance from the husband.

Advocate Tushar Pahwa LawRato

503 votes

it is better to go for mutual divorce if not possible than you have go contested divorce in this you have prove your ground for divorce. alimony is depend on your status and living standard. for custody of children it up to the court . the court may give custody to any one wife or husband for betterment of children. if court give custody to wife than court may right to meet his children.

Advocate Salim Shahzada Khan LawRato

914 votes

In the question it is not mentioned the complete details of the husband and wife, the reason why your son wants to take divorce from his wife. What are the compelling circumstances which led you to think of taking such drastic step.Pl share the complete details so as to give the right advise.

Advocate Kalyan Singh Ahlawat LawRato