• Looking for divorce from husband

Looking for divorce from husband. I have a very small baby of 2 months and I want his custody after divorce
Asked 3 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu

You can file for divorce on grounds of mental cruelty 


2) you  have to prove allegations made in divorce petition 


3) welfare of child is paramount consideration 


4) you would be granted sole custody of your child 


5) husband would get visitation rights 

Ajay Sethi
Advocate, Mumbai
73170 Answers
4391 Consultations

5.0 on 5.0

Yes, mother only get custody of child. But under what section and reason you want to file divorce.

Ganesh Kadam
Advocate, Pune
9350 Answers
77 Consultations

4.9 on 5.0

then opt for Mutual Consent Divorce.

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5. You can sign Vakalath form and entrust that to an Advocate, who will do the needful. Your presence may be necessary only twice. 

Shashidhar S. Sastry
Advocate, Bangalore
2449 Answers
159 Consultations

5.0 on 5.0

Dear Madam,

It is better to you go for mutual divorce and get child custody also as you are natural guardian of the child. upto the age of 5 of child you will have the custody of the child.

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

After filing the Joint Petition (First Motion), get their statement recorded on oath, then the court grants 6 months to couple to reconcile or reconsider their decision which is know as cooling-off period.

If both parties are not able to reconcile their differences within 6 months, they are required second motion after 6 months but, it has to be before the period of 18 months, the Court will hear both parties. The Court, on being satisfied and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

  • While your divorce case is being decided, along with it, you can apply for the custody of your children. Depending on the facts and circumstances of each case, the issue of custody will be decided keeping the best interest of the child.

Netravathi Kalaskar
Advocate, Bangalore
4766 Answers
25 Consultations

4.8 on 5.0

1. You can file a divorce suit on appropriate ground like cruelty.


2. Mother is considered as the natural Guardian of her child up to his/her 5 years of age.


3. So, till hi/her 5 years of age, your baby will be in your custody after which his/her custody will depend on Court's decision taken considering the welfare of the baby.

Krishna Kishore Ganguly
Advocate, Kolkata
23734 Answers
651 Consultations

5.0 on 5.0

The innocent spouse can seek the remedy of divorce. Under the Hindu Marriage Act, the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc

Please state the exact reasons as to why you are opting for divorce so as to give you a more concrete advice regarding this issue.

Siddharth Jain
Advocate, New Delhi
5363 Answers
59 Consultations

5.0 on 5.0

See you can file a divorce against husband if there is cruelty or.desertion or adultery or as grounds mentioned under hindu marriage act section 13. It shall be contested divorce though if husband is ready for divorce you can take a mutual divorce.

Further seeing age of child the custody of child shall be with mother and you can.file for same on court. 

Shubham Jhajharia
Advocate, Ahmedabad
23558 Answers
94 Consultations

5.0 on 5.0

-  As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

- Hence, being mother of baby child , you are the only & fit to get full custody legally. 

- For getting divorce within a short period of time, you should take consent of your husband for filing Mutual divorce , and thereby you can claim custody of baby child as well.

- Further, if your husband refused for the same. then you should file Divorce petition on the ground of cruelty , which you are facing . 

Mohammed Shahzad
Advocate, Delhi
1834 Answers
27 Consultations

5.0 on 5.0

You can file divorce and custody petition in family court

Prashant Nayak
Advocate, Mumbai
17570 Answers
30 Consultations

4.6 on 5.0

Dear Madam,

You have multiple options and all Indian laws are in favor of married women. You must have courage and commitment. You may file divorce with alimony as follows and also Domestic Violence Case.


1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.



Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .



Kishan Dutt Kalaskar
Advocate, Bangalore
5052 Answers
161 Consultations

5.0 on 5.0

I suggest you to go for divorce by mutual consent as it will be quick and with in six months, you will be having decree. Along with the above you need to file a separate suit for custody of child in which you will be granted. 

Jamal Sait
Advocate, Bangalore
142 Answers
2 Consultations

4.9 on 5.0

File a divorce petition in the family court stating the reasons and grounds for taking the divorce. Keep your child with you while leaving the house.

Rahul Mishra
Advocate, Lucknow
6787 Answers
15 Consultations

5.0 on 5.0

The child shall remain in the custody of mother till it turns 5 years old by rule or law.

You can plan to file child custody case after that.


T Kalaiselvan
Advocate, Vellore
63126 Answers
816 Consultations

5.0 on 5.0

you have to give reason to the court. Example : divorce can be on the basis of cruelty , mental torture, assault etc.
For custody of child you have to file petition under section 7 of guardianship and wards act..

Mohammed Mujeeb
Advocate, Hyderabad
14629 Answers
6 Consultations

4.5 on 5.0

1. You are free to file a petition for divorce on the grounds, if any, made out in your favour.

2. Mutual Consent Divorce can be filed if there is a positive agreement between you and your spouse to end the marriage amicably by filing consent terms in the court. It can also provide for child custody/visitation rights.

3. If mutual consent is not filed then you may file a petition for declaration of guardianship and child custody under Guardians and Wards Act.

Ashish Davessar
Advocate, Jaipur
27731 Answers
821 Consultations

5.0 on 5.0

Send him a notice and seek for divorce by mutual consent. If your husband agrees you can mention your terms and conditions in the petition and seek for custody. Since child is small you will by default have custody

Swarnarka Chowdhury
Advocate, Mysore
1804 Answers
4 Consultations

5.0 on 5.0


Yogendra Singh Rajawat
Advocate, Jaipur
17526 Answers
21 Consultations

4.6 on 5.0

Ans: Advisable to file for divorce by mutual consent. Child being of barely 2 months his custody will automatically delve upon you.

Garima Anil Mehrotra
Advocate, Mumbai
242 Answers
1 Consultation

4.9 on 5.0

1. Dont worry about custody of child if his age is only 2 months. 

2. Custody of child will remain with till age of 5 years if there is no exceptions in the case. 

Mohit Kapoor
Advocate, Rohtak
7222 Answers
2 Consultations

5.0 on 5.0

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