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Understanding how divorce and child custody works if we plan to separa


08-Aug-2026 (In Divorce Law)
Married for almost 6years, I and my husband, both Hindu, have disputes between us, largely related to hai parents. I feel suffocated in their house and want to get separated. Ending the marriage is not an easy decision, considering we have 1.5year old boy together. Want to know about rights, custody battle, and other things related to divorce, if I try to end this dilemma.
Answers (5)

Answer #1
826 votes
Greetings. Would like to suggest you that you engage a lawyer and seek a detailed legal consultation for your ongoing marital discord. You have certain legal remedies to avail. You guys can seek a mutual consent divorce wherein you may mention all these terms regarding alimony, child custody etc
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #2
511 votes
If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
730 votes
Hello, I understand your issue here but if things are not right at your end you need to figure out the situation, as of now if you have a child then considering your situation you can try and alternate method like mediation or conciliation if you're not willing to approach the courts, rest if you need legal guidance further then you can approach me, I am available at Patiala House Courts India Gate New Delhi, just a call away. I will be happy to help you. Regards, Adv Simran Singh Parihar
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Advocate Simran Singh Parihar

Adv. Simran Singh Parihar

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Answer #4
687 votes
Ma’am till the age of 5 years the natural guardian of the child is mother, though in that too Court will take into consideration paramount interest of child. In divorce proceedings the custody of child is decided by the court in the light of the facts asserted cumulatively.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

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Answer #5
660 votes
The law on it is very clear. Things have to be handled maturely. it will have to be seen what are the negotiables between the parties and what is non negotiable. Custody battle is also one thing to look out for although child's custody is safe in your hands till he is 5 year old. I have my office in CR Park and Chamber in Supreme Court. Do consult whenever you wish to do so.
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Advocate Anunay Sahay

Adv. Anunay Sahay

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