Want to separate from my husband. And keep custody of the child.

I want to get separate from my husband, but my daughter should live with me, I am working and doing savings also for my baby. There are lots of issues in between us so I don want to spoil my child with him. Please advise for my baby should permanently live with me, I am staying with my parents since January 2015 and doing all expenses by my own. Its our love marriage, I am Hindu & he is Buddhist, in 2009 we got married, we have 9 years gap in between us. We don't come up on one opinion for any single topic, there are so many fighting and I really don want to stay with him along with my baby.

Answers (3)

298 votes

You have to initiate divorce proceedings before the family court. You can execute parental plan for your child. You can claim permanent custody of the child before the court. Entire issues will be decided on merits of the matter of there are no settlements between you and your husband in respect of custody, access and maintenance.

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217 votes

Firstly you have not specified under which law your marriage has been conducted further not specified exact reason regarding fights. You can file divorce petition against husband undger ground of cruelty which your have to prove as well as for judicial separation or else you can file under dv act for restaining him from various act. as well as maintenance for you and kid. Presently custody of kid is with you so u donot have to worry about it presently.

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91 votes

You can file petition for divorce under hindu marriage act..as well as you can also file petition for interim maintainance under section 24 in which you may get interim maintainance till the divorce petition remained in court..At the time of hearing if you mentioned contention for costody of baby than court may permit you..to keep costody of baby..if you file your petition.in proper way..than its possible to get one time or monthly maintainance to you..for that you must show the court sources of income to you husband..you can file petition where last resided both..or where marriage solemnise..

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