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3 years ago

Having problem with my husband who is not earning and verbally physical abusing.i am working having girl baby who is 6 years old.staying In joint family, my baby is too attached to her grandmother so if I file divorce will she be with me

Sukhvinder Kaur

Responded 3 years ago

A.Hi,
You can file a domestic violence case and maintenance case against your husband can also take a judicial separation if you divorce your husband the custody of your daughter most likely will be with you.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
Even if you get divorce you will get custody of child.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.so innocent. from where grandmother came to take daughter ?
mother of child daughter is natural guardian.
so your daughter will be with you.

you can take divorce with ease.
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Anik

Responded 3 years ago

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A.Hi,
You can file a complaint for domestic violence and seek divorce from your husband. You can claim maintenance and compensation from your husband. You can also go for judicial separation from your husband.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can file a domestic violence complaint against your husband and seek for divorce, or obtain a decree of judicial separation, and in both cases you seek for maintenance and compensation for your husband. The custody of your daughter will most likely will be granted to you only.
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Adv. Yogesh Tahiliani

Responded 3 years ago

A.You have plenty of options to go forward with, beginning with filing a divorce petition at family court governed by Hindu Marriage Act may help you to get your ways parted either mutually or with fighting the matter (Judicial separation) (if the husband does-not participate with mutual divorce petition)
However you also have your rightful option to file a domestic violence petition before the court and in both the abovementioned cases you shall be able to claim heavy damages for causing mental and physical abuse caused upon you in monetary terms, you also will be liable for getting the orders passed from court to get the Either monthly or One time Lump-Sump Alimony for child and yourself as an award from the court.
It however needs to be pointed out here that in severely-rare cases the child custody is allotted to the father, as child custody is usually in favor of mother.
Initially in order to begin with settling things up, you will be required to serve a Legal notice upon your husband to let him know about your intentions of divorce if he does-not stabilize the family situation peacefully, I am a High-court level Law-Practitioner based in Maharashtra, India, I try to empower people by helping them know about their legal rights as much as much as for free-under my capacity, if you do happen to like my answer you may procced to get the the Strong Legal Notice served on your husband at a highly economic fee possible, feel free to reach me out for further advise by asking for my contact details vide this site.
Have a lovely day.

__Adv. Yogesh N. Tahiliani
(ADVOCATE, BOMBAY HIGH COURT, NAGPUR BENCH)
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