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Seeking Divorce and Child Custody Advice for toxic Abusive Marriage


29-Apr-2025 (In Divorce Law)
Trapped in 3 yrs of marriage with an abusive wife showing extreme rage, baseless accusations (incest, affairs, torture), physical violence, and emotional manipulation using our 1.5-year-old son. Despite efforts—therapy, patience, apologies—nothing changed. Abuse has worsened. I have solid evidence: chats, photos, call recordings. I want peaceful divorce and full custody to save my son’s emotional future. What are best steps to secure child custody and protect myself legally?
Answers (3)

Answer #1
797 votes
Hello, from your query it is very clear that you are being tortured by your wife, and you have many a times tried to fix or solve each and every issue arising out of your relationship. Your marriage has also broken down irretrievably due to mental torture and cruelty. I will advice you to file a divorce in the Court of Civil Judge ( Senior Division) or in the Family Court. Once you file a divorce suit, you can thereafter claim the custody of your child, and once the court is satisfied that you can take care of the over all well-being of the child, the court will grant you the custody. But file divorce first. For further query contact our team. Our team of lawyers will be happy to help you. Regards. SK Nair & Associates.
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Advocate Sahil Kumar Nair

Adv. Sahil Kumar Nair

LawRato Balangir | 100+ Answers
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Answer #2
651 votes
While divorce is a proceeding you can opt for, the custody of child till the child attains the age of 5 years stays mostly with the mother, however, if we can prove the court that the mother is unable to take care of child or the child may sustain injuries or trauma if left with the mother then the court will grant the custody of the child to you.
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Advocate Laxmikanta Tripathy

Adv. Laxmikanta Tripathy

LawRatoCuttack | 25+ Answers
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Answer #3
540 votes
You have shared your version of events based on verbal facts. However, it is not appropriate to expect any learned advocate to provide precise legal steps solely on that basis. You are advised to consult with an advocate in person to discuss the matter in detail and explore the appropriate course of action.
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Advocate Sidhartha Sankar Sahu

Adv. Sidhartha Sankar Sahu

LawRatoBhubaneswar | 25+ Answers
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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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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