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icon Mix child and divorce with indian husband in india

Hello , we married few years, my husband is abuser. I’m foreign women. We are raising daughter who is 3 years old. I want to leave him because it’s super unhealthy for me and my daughter to be in


A. Dear Client,

I understand your concerns regarding your abusive husband and the well-being of your 3-year-old daughter. In India, under the Protection of Women from Domestic Violence Act, 2005, you have legal options to seek protection and relief. You can approach a lawyer to file for a protection order, restraining your husband from further abusing you or your daughter. Additionally, you can seek custody of your daughter and claim maintenance for her upbringing and your own sustenance under rel ...ReadMore

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icon Change of School application under DV act

Divorce petition filed by me in Dec-2020 . DV filed by wife and my mother Mar-21 . My religion is Hindu. I have custody of both of my boys(age 14 and 11). Recently she has filed application for change


A. Dear Client,
The custody order passed by the Magistrate under Sec.21 of the D V Act is interim and temporary. Such an order of temporary custody is passed during the pendency of a DV case. A magistrate cannot pass an order granting permanent custody of the child to the aggrieved person in a DV case. So, for an application claiming a change of school for the child which is of a permanent nature, the DV Court is not empowered to allow such a claim of the applicant during the pendency of the DV Cas ...ReadMore

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icon Moving out/Running away with 3siblings under 18 - Leaving BPD mom behind

I'm 27, all these years i thought my mom was different,shamless,entititled,weird,mentally unstable,greedy etc. But i refused to to believe since she is my mom. But two years ago my dad passed away lea


A. Dear Client,

You're facing a difficult situation with your mother, who has been abusive due to untreated mental health issues. You took the step to move out with your siblings for safety, but you're worried about potential consequences, including losing custody of them. Prioritize the well-being of yourself and your siblings, seek legal advice, and lean on support from trusted individuals as you navigate this challenging time.

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icon Travel abroad

Can my husband stop me from traveling out of the country with out 4 year old son? He refuses to give permission but my son and I have foreign passports so I don't need written consent


A. Dear Client,
Your husband can not stop you from leaving the country although he will have certain rights over the child since you both are still under the status of being married

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icon Child custody/ separaration

I'm a foreign married to indian (hindu marriage) we have a 4 year old son who has foreign citizenship as I. We live in india me with oci our son has a x visa. but I want to leave my husband and take m


A. Dear Client,
Until and unless a marriage is annulled by a decree of divorce, you cannot claim custody of your 4-year-old child. As per the Hindu Minority and Guardianship Act, if the child is below 5 years old, the custody is naturally given to the mother. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing ...ReadMore

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icon Alcoholic and abusive husband allowed to see kids

I was married on 2015 and have 2 sons elder 7 years and younger 4 years. After martiage I realized my husband is a chronic alcoholic. After drinking, he gets violent, get abusive, insult me and my par


A. Dear madam,
you may file child custody case and get permanent custody of children without any reservation for your husband for visitation rights as he is a drunkard.

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icon Mutual DV and child custody

Can we get mutual divorce and after 2 months can I apply a fresh petition for child custody. If yes, under what section

2 Response(s)

2 months ago


A. Dear Client,

According to the Hindu Marriage Act, either spouse can file for divorce with mutual consent after one year of marriage and one year of separation. Contested divorces don't require a year of separation. In custody matters, both parents have equal rights, but if they disagree, the court decides based on the child's welfare. Hindu couples can petition for custody under the Hindu Marriage Act or the Guardian & Ward Act. Typically, custody goes to the mother for children under 5 unless ...ReadMore

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icon Living separately for 7 years

I am Living separately for 7 years. I would like my wife and my 2 kids come back to my home

3 Response(s)

2 months ago


A. Dear Client,

Living separately for an extended period, such as seven years, doesn't obligate your family to reunite with you against their will. Even a court cannot compel your family to reconcile after such prolonged separation, which constitutes a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955 if either spouse applies for it. However, under Section 9 of the Hindu Marriage Act, a spouse can petition a district court for the restitution of conjugal rights, which allo ...ReadMore

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icon Change surname of child of 10 yrs

Sir I have married to a divorce girl and she has a daughter of 10 yrs and we both want to change surname of her daughter to my surname.

2 Response(s)

2 months ago


A. Dear Client,

Under Hindu law, adoption requires the consent of the biological father of the child from the first marriage, even if the marriage has been dissolved by a decree of divorce. In the case of adopting the daughter of your wife from her previous marriage, the consent of her biological father is necessary. The adoption deed must also be duly registered, with the biological father giving consent to the adoption by the new husband.

Changing the name of the biological father on the birt ...ReadMore

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icon Right to parenting

My 2nd wife has blocked me from my kids phone and letting me speak to them for months. What can I do? She's in Jaipur & I am in Navi Mumbai

2 Response(s)

3 months ago


A. Dear Sir,
If you are marriage is legal you may claim child visitation rights and accordingly file a case and get a chance to look after your children frequently.

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