Want to file a case for divorce and maintenance for herself and child

I want divorce from my husband and I have a child of 3 years boy .we are Hindu Brahmans ..I used to work but now days because of my son I am not working. My husband is working in a private company and earning good.i want to know if I go for a divorce then can a get the maintenance and my child custody because I can't live without my son

Answers (2)

320 votes

You can file both divorce and maintainance case . But you should file only maintainance case under section 125 of Cr.P.C. and domestic violence along with a case under section 9 of H. M. A. 1955. And as u said ur child is living with u already then let ur husband file a case for his custody, as that is a different matter and covered under a different law.

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288 votes

You may proceed for divorce and child custody..For divorce you must live separately for one year minimum. You must have reasonable reason for filing petition before honourable family court under section 13 (1) of HMA

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