Procedure to apply for divorce, child custody and alimony from husband


My sister needs divorce from her husband and child custody, for below mentioned reasons, after being stuck in the marriage for 7+ years for noble reasons; husband unwilling for the same for his selfish motives.. sister living in continuous separation since Nov 2017, after having got her overall health affected extremely. Reasons: 1. Husband and his family (mother & sister) are orthodox, egoists, discriminating, dominating (freedom / freewill snatching), exploiting, narrow-minded, non-truthful and smart conspirers towards / against my sister. 2. Husband being drinker and smoker, using verbal abuse and threatens with high tone, psychological trickster, irresponsible husband, father, son & brother. 3. Various instances in these years where he's very guilty and worthy of being punished by family law. 4. An instance of indirect but deliberate, physically abusive / hurtful action during sister's pregnancy. Kindly advice on proceedings of Divorce, Full child custody & Alimony for sister.

Answers (3)


111 votes

dear friend, presuming that your sister and her husband are hindu she can file a petition for dissolution of her marriage on the ground of cruelty under the Hindu Marriage Act before the Family court where she is presently living. In the same petition she can also claim for maintenance and custody of the child.


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341 votes

Dear in ur sister matter she can file case of exparte divorce if her husban is not agree on same
Further for custody of child ur sis have to file case in family court if her husband is not reqdy to give child custody

Further for alumony she can filr 125 case and she will get some fix amount through court order she can also file case of 498,DV etc

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98 votes

They say marriages are made in heaven we celebrate them on earth. Your complaints are still at a very early stage and can b resolved peacefully. No parents or husband would deliberately spoil the marriage. They say you need two hands to clap. My advice is to seek settlement and not spoil life of two families and the innocent child. It's extremely difficult n derogatory to live as a single parent. Even law first of all seek reunion. I handle family cases and attend family courts very frequently. Please try to amend and not separate for child's sake.

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