Procedure to file for divorce from husband and for child custody

How i apply divorce from my husband I m a house wife 10 years & my husband is always taking loan from outside & where he spend I don't know..he doesn't want to take care of my children & me all the time he abusing me & my children & don't want to spend me & my children.. he doesn't want to do our responsibility...

Answers (5)

174 votes

Mam you can file suit for maintainence and custody of a child under the hindu marriage and adoption act dor childrens where you will get child custody and thier expenses for educatiin and maintainence as well ..this a quite long process to explain kindly contact me on my number

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

185 votes

It is very simple. But I would recommend you also apply for permanent alimony and monthly maintenance from your husband along with divorce because you are a mother and it would be quite difficult for you to maintain your children and their future expenses in raising them.
It is on you to choose the mode of divorce from your husband. You can choose divorce on the ground of cruelty or mutual consent divorce. Mutual consent is very easy but subject to the condition of staying separate from your husband for a period of one year. There are advocates who get you divorce by playing deceit in the court of law showing you are staying separate for one year but do not opt for that. Second option for you to file divorce on the ground of mental as he is not maintaining you and your child. Custody will be with you as your husband is not earning but he can too file for custody of your child as it is his child also. But in the interest of the child, custody may be given to you. Your husband shall have the visitation right of your child after divorce.

You first clarify what is the mode of dicorce you would prefer. Will it be through mutual or on the grounds of cruelty. In case of mutual draw out a settlement between you and your husband regarding alimony, custody of child and property, if any, including gifts and ornaments received at the time of marriage. In case of any assistance call me.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
342 votes

You can file divorce on the ground of cruelty, for maintenance you have the option of filing petition under section 125 crpc. In addition you can approach Manila court under DV act for shared household and protection order

187 votes


Regarding your query. You can initiate divorce proceedings against your husband on grounds of cruelty. Has he been only mentally abusive? Or has there been physical abuse as well, it would be appropriate to initiate actions under the domestic violence act and also seek maintenance from your husband to maintain you and your children financially. It would benefit you if you had physical evidence of such cruel acts.

Maintenence that would be paid to you is on account of your husband's lifestyle and living and how much he earns. Payment for your personal health and for your children will be granted by court.

However more details are required to guide you appropriately.

166 votes

Its acco to the religion you follow..
you can file divorce undr both respected hindu and muslim laws..
and also file for the maintenance for you and your children...
for further assistance you can contact me

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles