You can file a divorce petition on ground of cruelty. You can also seek custody of the child in the same proceeding or separately. You can seek maintenance for your child.
Want to take divorce from husband
I want to take divorce from my husband. He is a govt employee. He is alcoholic and humiliates me and beats me. I have a 3 years old son. I also want to take custody of my son. I am also working and do not want alimony from my him. Please advise.
Asked 10 years ago in Family Law
Religion: Hindu
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12 Answers
is your husband willing for divorce . if so file for divorce by mutual consent . if husband is not agreeable file for divorce on grounds of mental cruelty . you can also seek custody of your son and also maintenance for your son
In most of cases welfare of child is considered while giving custody as is ruled in many SC judgments, especially if child is under 5yrs.
Unless it is on mutual basis,it is time consuming and frustrating.Can you think of social measures as well as through office,he being govt.servant.Office can take up action under conduct rules for drinking and wife beating.
Physical abuse vitiates the base of marriage. You may right away file for divorce on the ground of cruelty against your husband. In order to retain the child you will need to file a separate case for child custody against your husband.
You can file petition sought for divorce on the ground of cruelty, but think twice before venturing into a contesting nature of proceedings,otherwise talk to him and come to a amicable settlement and accordingly file a mutual consent divorce petition,if at all, it doesn't work, go for a defensive proceedings.
Thanking you,
Subash.M.R.Advocate
is your husband also interested in divorce.if yes then go for mutual divorce,contest divorce on the ground of cruelty is a time taking game.normally custody of child up to 5 years is given to mother
first I advise you to talk to him and try to sort out the differences. If it does not work, then go for divorce by mutual consent and if he does not agree, then take the ground of cruelty for divorce. You can also file for the custody of child and for maintenance.
I agree with Mr. Ajay Sethi.
Hi, file a petition under cruelty or other wise if your husband willing for divorce both of you can go for divorce by mutual consent.
Already advised
u just ask ur husband what he want if he agree then u file mutual divorce otherwise u file divorce on the ground of cruelty. if he agree by mutualy then u tell him i want to custody of my child also or u file custody case