Procedure to take divorce and who will have the custody of children


I m married since 8 years have 2 kids ..my husband mentally torturing me as I m house wife every time he use to say go out of house having abusing language physical torture etc n saying he will take kids.on which basis I can take divorce.how much time it will take n who will have children

Answers (5)


117 votes

How old your kids are madam? mother is natural guardian upto 5 year of age of a kid. You can get divorce on basis of cruelty . we can t tell that hw much time divorce case will take becoz it depends upon procedure of the court.


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60 votes

Dnt worry there are lot of legal remidies in your favour. It’s upon u that u want to keen ur children with u or not. It’s ur choice. U can file divorce petition against your husband son the basis of crulity. U are also entitled to get maintenance and compensation from ur husband.

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225 votes

You should have serious grounds for divorce. The act of cruelty towards you should be grave enough that will allow you get divorce from your husband. The daily bickering's amongst the husband and wife have not been held as sufficient ground for divorce. The dissolution of marriage between the parties where the marriage is broken down irretrievably can be best dissolve by mutual consent for which both parties should agree and jointly seek the divorce. The custody of children can be shared by both for reasonable time period that both can agree , so will be the amount of maintenance for children and wife who is unemployed and has no sources of income. Either the wife claim a lumpsum amount from husband as full and final amount for all time maintenance or seek monthly maintenance for herself till she is able to get employed and is able to maintain herself or after divorce get remarried to another man who shall provide her financial support. The maintenance of children the father can provide upto their education period and till they are able to earn for themselves.

216 votes

Hello.You can file a contested divorce in family court on the basis of mental, emotional and physical cruelty.. simultaneously u can file
domestic violence case against him. Contested takes around three to five years.
In general children under 5 years court consider mother as a primary guardian but again
Custody depends on many factors including mental and physical health of a guardian.
Thank you

152 votes

Hello madam.
In order to succeed you must first file two or three matters in the court.
Also custody will he has in several other people things seen in the trial.althought it depends in the lawyers.

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