• Divorce with child custody

Married in 2009. Both husband and me are govt employees. At time of marriage he In pune and in private job.i reside in Delhi doing m.tech.after completing I got govt job in Delhi. Since my marriage my husband is not supporting me financially.shadi mein dowry mangi gayi jo humne Di aur iske pichhe shadi ke madap mein ladai ho gayi. Shadi ke bad se hi mother in law ke kehte pae mujhe choti choti bataun ko lekar mentally torture kiya jata raha.aise hi mental torture mein 3 saal beet gaye aur mene saare contact khatam kar liye. Suddenly mere husband delhi transfer ho gaye phir contact kiya mene bhi man liya aur hum delhi mein sath rehte lage.humne is beech ek plot aur ek one bhk ghar liya both were almost financed by me with some dowry money. Is beech hamare bachi hui jo pet mein khatam ho gayi husband ki normal ki jid ki wajah se.mene an govt quater le liya jiski maintenance husband ne karwayi aur all dues were paid by me.iss beech hamare jadge hote rahe.mere sath physical violence bhi shuru hoga tha inki torture choti choti baton pae pinch karna mera mental stress badta raha in laws ka kehna involvement kari raha.abhi mere 5 month ki baby hai. Mujhe pregnancy mein bhi mara gaya uske bad bhi says aayi choti choti baton pae torture jari raha. Har cheez ka kharcha mein uthati hoon.mere pass torture ka koi proof nahi hai But mein agar kuch bolti thi toh mere husband fauran recording kar lete the.sara ghar ka kam mein karti hoon. Mujhe chutkara chahiye with child custody
Asked 6 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) divorce file karen aaap apne husband ke against 

2) apne bacche ki custody mange aur maintenance for the child 

3) aap 498A ka case bhi file kar sakhte hai apne pati ke against 

4) also file domestic violence case and seek protection order against husband 

Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Yours is a perfect case to apply for dissolution of marriage on the ground of cruelty committed by your husband and in-laws aided and abetted by your husband. You may also file a petition for child custody to get the custody of your child. The court has to pay due regard to the welfare of child in child custody cases. Ordinarily the custody of an infant is awarded to mother as she is the natural guardian of the child 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
You are also free to file a case of domestic violence to claim compensation for the violence committed against you. This apart, you may also claim maintenance for yourself and your child.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
If the tortures are beyond tolerance and you cannot find a respite or dont have any hopes for a happy married life in the future too, then you may decide after analysing the pros and cons about continuing the married life anymore.
The life which is not peaceful and unsafe cannot be continued in the same condition forever, at some time some decisions have to be taken.
If you make up your mind, then you may ask him either to give mutual consent divorce  and if he is not willing to do so, you may file divorce case by yourself on the grounds of mental and physical cruelty.
Since the child is with you, it is not necessary for you to file child custody case, let him come out with  any case in that connection, you may challenge that on he basis of ground realities.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
File a criminal case for domestic violence against her with an interim application and claim protection, child maintenance and child custody with compensation as per section 18, 20,21 & 22 of Protection of women from Domestic violence act 2005.

File a divorce case against him under section 13(1)(ia) of Hindu Marriage Act. 1955 with an application under section 26 of H.M.A. for child custody.

You may also file a maintenance petition under section 125 of Cr.P.C. for child maintenance.

You may also file a child custody case before family court.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. Once you start the legal battle it is financially and mentally taxing. Make sure that you are financially and mentally prepared to start it and then take it to a logical conclusion.

2. Your husband can contest your case. 

3. If he defames you then you can prosecute him for defamation.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1) laws are made to protect women 

2) file domestic violence and 498A case against husband 

3) you have not mentioned how dowry was given you . If funds transferred to his account it would help you in make out a case  of dowry harassment 

4) your testimony of acts of cruelty committed by husband will help you in DV case 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1.  The pros and cons will be the advantages and disadvantages you may have to face by taking such drastic steps.

2.  The proof for violence need not be produced.  It may be corroborated during trial.


3.  It cannot be predicted, it depend on the prevailing situation or on the advise of his lawyer.


4.  Let him take any step, you can challenge them properly, if he is taking law into his hands with illegal steps then you may take the help of police.

T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0

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