A.
you can serve the Divorce case notice through embassy/email/whatsapp, however, the case will take long to its disposal and till thenyou won't be able to take the child.
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 a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
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 he does not agree to the mutual divorce you can file the custody suit.
FYI, the mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your case.
Posted On 13-May-2021
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