shashi (designer) 15 September 2011

Divorce

my friends husband wants divorce ,he asked her to give divorce by herside itself. she is fearing of

that whether he will take his son of 6 year old with him.

Her husband having the drinking habbi, not going to job ,only she use to earn ,she is having a permanent job

Please tell me whether she can apply for diorce, so that the son will be with her or not?

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3 Replies

Amit (General Manager) 15 September 2011

Taking one side or contested divorce is not easy.

The case can be drawn for years if the other side wishes so.

Better apply for mutual divorce after finalising all terms & condition including custody of child.

This would save you from future harassment.

Anjuru Chandra Sekhar (Advocate ) 18 September 2011

Dear Shashi,

Your friend can apply for divorce but there are no grounds available under Hindu Marriage Act that she can put forward, except rape and sodomy for which I do not think courts can seek evidence because it is personal matter between husband and wife for which husband will never give evidence against himself to court. After getting divorce on that ground it is for courts to decide which is better person for the child to be with. Generally courts do not keep the child with party that does not earn.

Thanks and regards,

Chenna Keshava