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Staying separate from husband since 1.5 yrs what are my legal rights?


01-Feb-2023 (In Divorce Law)

I am living separate from my husband since birth of my daughter (1.5 years) because of emotional domestic violence. what are my legal rights here? i am working and have a salary much better than my husband. can my husband claim for child custody? and what amount of alimony or compensation i can ask him?

Answers (3)

Answer #1
691 votes
Your question is not complete, there is a confusion whether you wish to seek Divorce or Not ? If yes, then you are required to file a petition for grant of divorce under provisions of Hindu Marraige Act on the ground of cruelty, The amount of alimony shall comensurate as per income and resources of your Husband. Yes your Husband may seek custody under the provisions of Guardian Act, but certainly it may be opposed and that the court shall consider all factors in the welfare of the Child. Otherwise you can file petition against your Husband under the protection of women from Domestic Violence Act, 2005 and also may register a complaint with crime against women cell. Any clarifications may write.
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Advocate Sandeep Banga

Adv. Sandeep Banga

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Answer #2
609 votes
You have several options. Filing petition under domestic voilence act for right to residence and maintenance, divorce on grounds of cruelty, woman cell for harrasment and cruelty.You can file only for child custody.
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Advocate Rajesh Rai

Adv. Rajesh Rai

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Answer #3
816 votes
Dear Maam In divorce cases, the courts factor the wife's status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort .The amount of maintenance fixed for the wife is such as she can live in reasonable comfort considering her status and mode of life she is used to when she lived with her husband. You may file for domestic Violence and Claim alimony or you may file for divorce and claim alimony. Regards, Vibhor Gupta
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Advocate Vibhor Gupta

Adv. Vibhor Gupta

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