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What is the procedure to file for divorce and child custody


21-Jul-2023 (In Divorce Law)
What should i do to initiate the divorce? I got married in 22july 2012.I am working in an IT company Its been 4 years now , but even then i have so many issues with my husband He used to threat me a lot . earlier he hit me as well but last year i filed complaint against him so after that he stopped hitting me . But its been more than one and half year that he is not giving me a single penny for household expenses we have one kid as well ,he is of 3 years now studying in a play school He never pay his fees /monthly rent/general expenses He put so many alligations on my character .
Answers (5)

Answer #1
573 votes
MADAM,

FOR THE PURPOSE OF YOUR DIVORCE, YOU HAVE TO FILE CONTESTED PETITION.

TO GET SUCCESS IN THAT PETITION YOU HAVE TO PUT THE ENTIRE STORY OF CRUELTY IN IT.

FOR THE PURPOSE OF CHILD EDUCATION AND FOR YOUR DAY TO DAY EXPENSES YOU CAN FILE SEPARATE PETITION.

KINDLY FIX UP APPOINTMENT IF YOU WANT TO DISCUSS AT LENGTH YOUR ISSUE AND PROBLEM
Answer #2
690 votes
you have right to initiate proceedings for divorce under section 13 Hindu Marriage Act, for causing cruelty, desertion , adultry, etc. For permanent maintenance of your child and for you , you can claim maintenance under section 125 criminal procedure code. for the claim of maintenance you need to prove earnings of your husband like salary slip, ITR, etc. which depends upon many factors of your life, like living standard ,earning of your husband and your earning .
Answer #3
760 votes
Going by the facts and circumstances given by you there is a case for filing for divorce on grounds of cruelty by the spouse. Exact strategy and procedure can only be worked out after a detailed discussion. Custody of the child will also be a part of the same matter.
Answer #4
858 votes
Dont worry for sure all assistance would be given to you and if you are right from your side your all right would be restored and protected . Under the legal recourse & procedure and for any further information please feel free to contact me and fix an appointment with me .
Answer #5
746 votes
hi,
make a complaint for cruelty under 498A and give it to the police and besides this file a separate complaint under domestic violence act and claim maintenance under 125 crpc and you also can file divorce on the ground of cruelty and in this you can also claim pendete lite maintenance under 24 HMA.

Thanks

Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad)
Advocate/Solicitor/Legal Consultant

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.

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