Hi,

You have to go with the Mutual consent divorce or Judicial separation, its depend upon you as MCd is fat process as compared to JS. So you go for MCD.

You can file for divorce and custody.of child.if yor husband agrees than you.can file.mutual.comsent divorce if not.than you have to file.a divorce petition against him under section 13 HMA on grounds mentioned there under.

Since the child is below 5 years of age custody will be mandetorly with you(mother) but still he can seek visitation right from.court.

You can also seek for maintenance from him for you as well.as your baby.

Dear Madam,

First try for reconciliation from all angles if fails go for mutual divorce. Getting divorce depends upon grounds. At this stage only mutual divorce is convenient as follows: For any doubt call me.

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...(Please write on my e-mail for judgment)

In case of Divorce also Six month outer limit is provided under law:

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

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It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..

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Law deadline 60 days, cases stretch for years

AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.

The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.

The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.

Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.

In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.

Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.

The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.

Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.

Times View

The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.

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High Court wants divorce cases disposed of in 6 months

Directs trial courts to ensure speedier granting of alimony and maintenance to the ‘weaker spouse’.

Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.

“No standard uniform practice and procedure is followed by the courts,” noted the court of Justice JR Midha, adding that in most cases, the provisions for interim maintenance and permanent alimony under Section 24 and 25 of the Hindu Marriage Act were not being utilised.

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

“This is matter of serious concern. It was certainly not the intention of the law that parties to a dissolved marriage suffer further misery of starvation in the absence of grant of alimony,” the court said.

Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.

The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.The directions have been issue after the court decided to hear nine separate pleas for maintenance filed by women whose husbands had filed for divorce.

The court noted that the disposal of cases had taken a long time, with the oldest of the nine cases dating back to 1996.

The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.

The respondent party should also file their affidavits within 30 days of the notice being issued, the court said.

Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.

The court has also prescribed that the affidavit and counter affidavit on income must be filed within six weeks of notice being issued on a divorce petition.

“If the disposal of maintenance application is taking time, and the delay is causing hardship, some ad interim maintenance should be granted to the claimant spouse,” the court said.

The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.

The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.

Divorce by Mutual Consent Step by Step Procedure

http://indianexpress.com/article/news-archive/web/marriage-divorce-does-mutual-consent-matter/

Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.

The very 1st thing you do is go to your parents home on the note stating, its been long and you need to be with your parents and they also want to spend time with the baby. Do not utter you will never return or file divorce.

At this stage the baby will be in your custody only. Yes there are ways for full cut of access but such will take time.

1) file for divorce on grounds of mental cruelty

2)husband abusing wife amounts to mental cruelty

3) husband refusing to take responsibility for baby amounts to mental cruelty

4)seek sole custody of your child

5) husband would be awarded visitation rights

6) contact a local lawyer

Please wait some time and file a divorce petition after 6 month of your separation.

The child will be in custody of mother till 5 years of age and if the husband is claiming visiting rights that will be allowed by the court.

After 5 years of age a proper custody suit may be filed by him to take proper custody.

In the meantime you may claim maintenance for self and daughter under section 125 of Crpc

Approach the Family Court and file a divorce against your spouse on one of the grounds mentioned in section 13 of the Hindu Marriage Act.

For seeking exclusive custody of your child, move a separate petition under the Guardians and Wards Act.

If your spouse is too is ready for a divorce and your conditions of separation are acceptable to him/her, divorce by mutual consent would be a better way of ending this.

You need to file a divorce petition along with the custody of child on the grounds of mental cruelty against him in the court of law with the help of any local good advocate. Visitation rights of father with child will remain continue

Regarding the baby custody courts generally consider that where baby be safe and prosperous there baby custody be given.usally4months baby be given to mother only.

Hi, you can stay Seprately with your child and file for maintanace and permanent custody of your baby ... The court can grant upto 50 percent of his salary as maintanance ..

Hi,

As per the trend in vogue, you may not get the custody of the baby at this age. However, you may file divorce case and child custody case.

If you foresee that there is no more possibility to live with him or continue the marital relationship with him anymore, you may decide to file divorce case on the grounds of cruelty besides any other reason that you may rely upon.

The child will remain in the custody of the mother until it completes 5 years of age hence for the present you need not worry about it, however if he files visitation rights, then the court may give him access as per provisions of law in this regard.

Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .

• Mental cruelty

• Harassment

• false 498a case

• marriage non-consummated

• Mutual consent

The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.

If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.Guardian and wards card are empowered to determine the issue of child custody. Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child. Family law courts generally base decisions on the best interests of the child or children (welfare of children), not always on the best arguments of each parent.

1. Permanent Custody

2. Interim Custody

3. Visitation Right

Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criterion before awarding final custody in favour of one spouse as against the other is WELAFRE OF THE CHILD.

In custody disputes, the paramount concern is the welfare and well-being of the child.So you could not prevent access

Dear Querist

Immediately file a divorce case under section 13(1)(ia) of Hindu marriage Act-1955 along with the an application Under section 26 of Hindu marriage Act-1955 for the child custody.

Feel Free to call

Hello,

You may file a divorce case on the ground of cruelty and move out of his house.

Thereafter, you can file a case to claim maintenance.

You can not file any case by means of which you may stop him from child access.

However, if he thinks to get custody/ visitation right then he will have to file a case before the family court.

welfare of the child is of paramount importance while deciding the custody of the child.

Regards