Divorce - My husband and I stay at my parents house Divorce - My husband and I stay at my parents house

10 months ago

My husband and I stay at my parents house ..he us a seaman..very possessive about me..he is a chronic drinker ..and there are times when he hits me and uses abusive language in front of my four years old children. We have been married for 12 years I want to divorce him ..but I know he won't consent to it. I am a government employee..can I get the custody of my children.

Anik

Responded 10 months ago

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A.Hello,
As per the information you have given there are certain remedies under law you can avail against him or in favour of your own self :
1- File FIR against him for criminal assault , harassment and domestic violence.
2-- File a divorce with the help of an advocate along with that you can claim for maintenance as well under section 125 of CrPC 1973.
3- For custody of child it depends on courts discretion but in majority of the cases custody is given to mother however other parent is allowed for visitation hours.
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Advocate Simi Paul

Responded 10 months ago

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A.Hi client,

Yes you can apply for divorce before the court of your local jurisdiction. You have to seperately file for the custody of the case. As, he is a minor the chances are there that the custody will come to you.
If you feel that you are being harassed then you can also lodge a 498A against your husband.

Thanks and Regards
Simi Paul
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