LawRato

Want divorce from husband but fear that child's custody will go to him


In Divorce Law
i m hindu married woman ,married under hindu marriage act and living with husband since oct 2006 i am having son age 7 yrs i m unhappy with my marriage i want to dissolve marriage but for fear of losing custody of my son i m unable to decide Will it be right act if i leave house with son without his knowledge and come to stay with my parents in another city what steps i should take before and after

Answers (3)


321 votes

here the custody of the child is a paramount consideration, it is not a right act to do to leave the house without the knowledge of your husband. you did not give the reasons for your unhappiness. I suggest you to firstly talk with your husband as you are having a son. secondly, if your husband did not react properly then you are at liberty to file a case before proper court for dissolution of the marriage. custody of the child is concerned the court will decide.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato
305 votes

Madam,
You must furnish full particulars of your case. What is the unhappy that you are suffering. If you want sever from your husband it is better to put the matter before elders by saying your unhappy and suffering. You must explain about your going to your parents house to your husband. Without saying anything to him and leave his house means he may confuse and give missing police complaint. Subsequently he may accuse you and he may blame you. You may retain your child even after getting dissolved your marriage by order of divorce.

Popular Divorce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
264 votes

You can file a Petition for dissolution of Marriage with your husband on the grounds mentioned in section 13 of Hindu Marriages Act. You did not state the reasons for your unhappiness. If your husband is cruel to you and if cannot live a life of dignity with him and such cruelty is causing physical and mental suffering to you , you have to prove the same before the Court. Your husband has right of custody of your son since your son is 7 years old. If you want custody of the child you have to again prove before court that your son will have better life and his welfare will be properly taken care of by you than your husband. So think and act. I think you can sort out your issues by a face to face talk or counseling.


Report abuse?

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles