1) if your husband is agreeable agree for divorce by mutual consent

2) in consent terms there should be clause that you would have sole custody of child . husband can have visitation rights

3) consent terms should also provide for your alimony and maintenance for the child and return of your streedhan

4) if you dont want divorce visit a family counsellor to resolve your differences

1) for divorce by mutual consent you have to stay separate for period of one year .

2) you may be staying in same house but not as husband and wife then you would be considered staying separate and can file for divorce by mutual consent

3) 6 months cooling period is mandatory and can be waived only by SC

4) if your husband s not willing to give you custody then file for contested divorce on grounds of mental cruelty and seek custody of your child

5) welfare of child is paramount consideration and custody would be awarded to you as he is only 5 years old

Hello,

1) You must make up your mind about a divorce. The fact is that there's not anything new in your relationship that makes you think of a separation. You knew before marriage that he was uneducated and there's cultural differences. You may have to take extra efforts to fit into the frame.

2) If your husband is not on your side and dies not back you up you will have difficulties in sustaining the marriage. If possible you both must visit a Marriage Counselor and seek help.

3) Whether your child is 5 poor a bit older he would certainly be affected by your separation. Despite separation you can go areas with jointly parenting the child so that he doesn't lose mother or father.

4)Get him to consent for a mutual consent divorce and Custody of the child with you with visitation rights to father.

5) Engage a lawyer locally or if you wish you can consult over the phone for a consultation.

For Mutual consent divorce six months time is mandatory according to Hindu Marriage Act. It will take more time in case of contested divorce. The child will be with you only and court will permit your husband for visiting rights. your and child are entitled for maintenance also. Family fighting will be common, but it seems you have already bear enough torture and harassment. Don't thing about other family member of in laws try to convince your husband, since you have crossed 10 years of your marriage.

1. If you want the marriage to be dissolved then a petition for mutual consent divorce can be filed only if there is a positive agreement between the spouses to end the marriage. Mutual Consent Divorce is the simplest and only hassle free process in India to dissolve a marriage that has strained beyond repair. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this can also be shortened by the Supreme Court in exceptional cases.

2. In MCD the spouses themselves get to decide who will keep the custody of kids.

3. If your spouse does not agree to MCD then the only remedy for you is to file for contested divorce, the result of which is uncertain and it will be a long drawn battle.

Now that I have a 5year old and still for small reasons my in laws and me fight a lot.

My sis- in-law says that she gets high blood pressure because of me and her daughter warned me that if anything happens to her then she will kill me. I am scared and my husband is not on my side too. I think it is better to live separate. But what about my kid. He is small enough to forget what is happening now but if I adjust for few more years and then take a decision to separate then at that age he might get affected with all this. Please advice

If you do not want to dissolve the marriage by decree of divorce, you can apply for judicial separation under section 10 of HMA.

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You can live separately as judicially separated by enforcement of decree got in your favor in such a case.

You can decide about getting divorce at a convenient time when the situation arises then after this judicial separation.

You are entitled for all the benefits as a married woman as per the provisions of law.

Thank you so much for your reply. It has been 10years and I have never lived separately with my husband. May be he is taking me for granted and not worrying about the consequences of divorce. Will i get the Divorce immediately or will have to wait for 6 months to 1 year by living separately and then get a divorce. Also if yes, then during that time how will I get my Kid's custody. What if he fights for his custody as well.

If you have decided to go for dissolution of marriage by a decree of divorce then you can ask him that if he is willing for mutual consent divorce.

The process will be easy for this as you both shall file a joint petition seeking the relief and the entire process will be disposed in a matter of 6 months.

If he is not willing for mutual consent divorce, then you may file a contested divorce on the grounds of mental cruelty quoting all the incidences and the cruelties meted out to you by him and his parents and other relatives.

The divorce process may take years to get disposed if it is contested divorce.