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Divorce to be obtained
3 years ago
Me and my husband are separated for 3 years from now. My 8 year old son is with me and I want to get divorce from him, but afraid that about custody of my son. His father doesn't work and lives with his fathers pension money, which is the main reason for separation. He is also not right in his mind. Please suggest what to do so that I get the custody of my son. Thank you
A.You need to file a declarations suits
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Anik
Replied 3 years ago
Please ignore - You need to file a declarations suits
A.You will definately get custody of child custody
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A.while granting the child custody, the court always considers the welfare of the child, so you have good merit, go ahead and file G&WC petition with interim custody.
***Imp- he may get some visitation rights.
***Imp- he may get some visitation rights.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.while granting the child custody, the court always considers the welfare of the child, so you have good merit, go ahead and file G&WC petition with interim custody.
***Imp- he may get some visitation rights.
***Imp- he may get some visitation rights.
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Neena Perpetua C
Responded 3 years ago
A.Dear Madam,
You can file a petition seeking divorce as well as the custody of the minor son. As narrated by you, since your husband does not have a regular income and is not of right in his mind, the same can be taken as a defence saying that the welfare of the child be a question mark. It can be said that the child's future will be ruined., provided you should be able to substantiate that you are capable enough to look after your child both financially and morally and at present doing so.
You can file a petition seeking divorce as well as the custody of the minor son. As narrated by you, since your husband does not have a regular income and is not of right in his mind, the same can be taken as a defence saying that the welfare of the child be a question mark. It can be said that the child's future will be ruined., provided you should be able to substantiate that you are capable enough to look after your child both financially and morally and at present doing so.
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Rameshwar Dadhe
Responded 3 years ago
A.Yes you can file child custody petition or divorce petition
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Hardik Sheth
Responded 3 years ago
A.You can approach the family court and file a divorce petition. Along with the same you can pray for the custody of your child, ask for monthly maintenance from your husband which he is bound to provide you and also for your child.
Hope you are satisfied with the legal advice given in here. Also you can approach for any further assistance.
Kindly rate me with appropriate stars if you are satisfied with my answer.
A good advocate can provide you with Justice.
Regards
Adv.Hardik Sheth
Hope you are satisfied with the legal advice given in here. Also you can approach for any further assistance.
Kindly rate me with appropriate stars if you are satisfied with my answer.
A good advocate can provide you with Justice.
Regards
Adv.Hardik Sheth
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Suneel Moudgil
Responded 3 years ago
A.if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim:
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim:
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
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A.Go ahead and file for divorce and since your husband is not able to financially support the family so most likely you will get the custody of your child.
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