Procedure to file case for divorce and child custody


Need to file divorce n child custody, extra martial affair, spouse staying separate for last few months ...

Answers (2)


321 votes

Incomplete Query !!!
Be specific to particular facts.
Case and it's outcome depends on facts of the case,
Who wants Divorce? Husband or wife?
Who has extra marital affair?
What is the age of child?
Gender of Child?
Financial situation of both parties?

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241 votes

Yes you can file for divorce under section 13 of HMA on the ground of adultery. As far as the custody of the child is concerned you can file a petition under section 26 of HMA.
However, it is suggested that you can discuss about divorce and child custody with your wife and reach an amicable solution regarding both these things.
After that you can execute a settlement deed and then file for mutual consent divorce. In this way the process would be quick and you both can move ahead in your lives.

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