• 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 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
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.
H. S. Thukral
Advocate, New Delhi
524 Answers
130 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
24765 Answers
1328 Consultations
5.0 on 5.0
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.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
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.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
5.0 on 5.0
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
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Shashidhar S. Sastry
Advocate, Bangalore
1256 Answers
62 Consultations
5.0 on 5.0
I agree with Mr. Ajay Sethi.
Sandeep Hegde
Advocate, Bangalore
362 Answers
99 Consultations
4.8 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4159 Answers
140 Consultations
4.3 on 5.0
Already advised
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
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
Deepak Rao
Advocate, Delhi
15 Answers
0 Consultations
3.5 on 5.0

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