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Author Topic: Divorce and custody  (Read 1199 times)

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Offline Rita54321

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Divorce and custody
« on: April 17, 2016, 11:24:57 AM »
After 5yrs of marriage, we conclude that we are not compatible and he asked me to move out of his house. Its been 4 months since we stay separate. We have a child of 1yr. He is attached to the child and comes weekly once to take baby to park for 1-2 hours. No financial assistance from him in the last 4 months.
I want to know what are the prerequisites for filing a divorce in both cases (mutual and challenged) and getting full custody of my child. I'm the mother.

Offline advcaroltripathi

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Re: Divorce and custody
« Reply #1 on: April 20, 2016, 03:02:41 AM »
which city are you based in?
are you working?

Yes you can file a mutual consent divorce, which will take appox 6 months to get the divorce the same application you can mention child custody and visitation rights to the father
Adv Carol Tripathi
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Offline adv.amarnath

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Re: Divorce and custody
« Reply #2 on: April 20, 2016, 09:18:57 PM »
As per law both husband and wife need to stay separately for one years. After that both husband and wife can file Mutual Divorce Petition before the District Judge or Family Court, which is available in your state and district. Further in the mutual divorce petition you and your husband can agree for the custody of your child. As per Hindu Minority and Guardianship Act, mother will be the custody of child/ minor under 4 years of age. There are several laws also supports you.

Considering that you are not working, then also you can claim for maintenance from your husband but if you are working then changes of getting maintenance through court will be tough for you.

If you need further clarification and consultation in details for custody of your child as well as maintenance for you and your child, you can contact me.

Amarnath Sanyal
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Mob - 09830303322

Offline Duckswinx

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Re: Divorce and custody
« Reply #3 on: April 26, 2016, 10:17:12 PM »
I would like to know about the issues you mention.

Offline advjaibansal

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Re: Divorce and custody
« Reply #4 on: April 28, 2016, 01:40:22 AM »
Dear Rita,

As you have the custody, it may remain with you and accordingly you can make your settlement terms and conditions in the mutual consent divorce.

For mutual consent divorce, you and your husband both has to agree for divorce mutually and decide all your issues and settle everything before filing the divorce mentioning all the terms and conditions in the said divorce petition. Court will not decide on any issue in mutual consent divorce after filing the petition.

In contested case, you have to choose a ground for divorce to file against your husband, which can be adultery or cruelty or desertion (two years). Once you file the same, it may be contested by your husband.

Please feel free to revert back in case you need any clarification.

jai bansal
advocate, new delhi
supreme court of india
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649


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