• Divorce against domestic violence against husband

Hi,

My marriage is 2 years old and i have a baby girl who is 1 year old. My husband hits me hard whenever any fight occurs between us. Mostly the fight includes his family related issue only.
I have proofs of photographs after he has hit me. I have not filed any complaint against him. I want to get divorced but want the custody of my baby girl as well. I am a working woman. Please suggest how i can proceed and please suggest any good lawyer in aurangabad maharashtra whom i can contact to file the case. Also ours is love marriage and intercaste.
Asked 12 months ago in Family Law from Aurangabad, Maharashtra
Religion: Hindu
1. You are free to file for divorce on the ground of cruelty committed by your husband. This apart, a criminal case for hitting you can also be filed against him.

2. You can also claim compensation for the domestic violence suffered by you at his hands. To get the custody of your daughter you are required to file a case for child custody in the court, which will be decided by the court keeping the welfare of child in mind. 

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
1) You can file for divorce on grounds of cruelty. It is advisable that you make police complaints if he assaults you during fights as this can be certainly cited as proof of your statements in the Divorce Petition.

2) You can also file a complaint against your husband in the court of the Magistrate under provisions Protection of Women against Domestic Violence Act . Under the act you can seek maintenance, protection, compensation etc from your husband..

3) You are also entitled to seek maintenance for your minor child. Regarding custody as the child is a girl and as it is less than 5 you will be granted custody. You can approach any lawyer in Aurangabad that deals with divorce.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty 

2) you can also seek custody of your daughter and her maintenance 

3) welfare of child is paramount consideration and court will award custody of your daughter to you as your daughter is only 1 year old 

4) you can also file DV case against your husband and seek protection order
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
File a divorce case under the ground of cruelty .When deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother Gender is not a consideration in deciding matters of child custody and guardianship.

Note if you are staying with husband or husband house, you may admit the hospital immediately if any man handling / beaten occurred in future  and file a 498A case against the husband .

Muslim law recognizes three types of guardianship
(i) guardianship in marriage (Jabar)
(ii) guardianship of persons of the minor for custody (Hizanat);
(iii) guardianship of property which is divided into three sub groups:
a. de jure guardianship;
b. de facto guardianship;
c. Certified guardianship.	

The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat and it can be enforced against the father or any other person. The mother's right of hizanat was solely recognized in the interest of the children and in no sense it is an absolute right''
'Son—''Among the Hanafis, it is an established rule that mother's right of hizanat over her son terminates on the latter's completing the age of 7 years. The Shias hold the view that the mother is entitled to the custody of her son till he is weaned. Among the Malikis the mother's right of hizanat over her son continues till the child has attained the age of puberty. The rule among the Shafiis and the Hanabalis remains the same.''
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Next time he hits you and you get scar marks resulted from his said hit, immediately visit a Govt. hospital and collect a medical certificate certifying the nature of the hit i.e. arising out of a hit on you,

2. With copy of that medical certificate, lodge a police complaint u/s498A and 406 alleging dowry harassment,

3. After that leave his residence and check in to a new residence with or without your paternal family members,

4. Then file a maintenance case for your daughter,

5. Finally, file a divorce suit claiming substantial amount towards compensation from him for damaging your life.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
I you have decided to divorce him, you may better do it after consulting a local lawyer.  
The child shall remain in your custody till it attains 5 years of age and after that let him file custody case which you can challenge. 
If you want a quicker relief you may file a DV case also against him.
For a lawyer in Aurangabad you have to look for one yourself.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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