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Want divorce and child custody because of domestic violence


27-Feb-2024 (In Divorce Law)
It's already been 4years of my marriage and my husband and his family started abusing me physically and mentally I want my child custody and alumni from my husband. Before marriage my husband said to my family he have govt. Jab but he unemployed and said that he have lots of property but he doesn't have anything. Let me know what's should I do and what is the process?
Answers (4)

Answer #1
578 votes
If the behaviour of your husband 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 then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. 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. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
780 votes
If you both are Hindus then we need to file suit for divorce as per section 13 of the HMA We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard. Thanks
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #3
795 votes
you may file the following three cases maintenance case for monthly maintenance. secondly Divorce petition,and thirdly domestic violence,the custody of child remain to you; the process of filling the case , A well drafted petition will be filled by advocate in the family court of the concern jurisdiction; .
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

LawRatoDelhi | 200+ Answers
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Answer #4
838 votes
You have the opportunity to commence legal proceedings for divorce, address domestic violence concerns, pursue maintenance, and petition for child custody. Upon granting the divorce, the judge will determine appropriate compensation and child custody arrangements.
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Advocate Arinjay Bisht

Adv. Arinjay Bisht

LawRatoDelhi | 100+ Answers
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