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Ashwin (Self)     03 May 2012

Divorce advice

Hi, I am married for 2 yrs now and have  a 9month old daughter. My husband is from pune and we live in Bangalore. I am looking to get seperated from him along with my daughter as he hits me and goes of to pune every time for many months. Both mother and son are not happy with me and the baby as they did not want the child to be born. They keep harrasing me as my parents do not keep giving money and gifts to him. Want me to work and earn atleast 25 thousand. Even for small fights they send me out of the house and go to pune and no touch for atleast 2-3 months. Even this time it has been a month and he has not come back; when asked he says he will take legal actions

Questions

1. Can i file for a divorce case with mutual consent?

2. Will i get the custody of my 9 month child and later can they claim for the custody of my daughter

3. Will i get any alimony?

4. If they dont apply for divorce or agree for mutual consent, what can i do

 

Please Advice



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     03 May 2012

1. Can i file for a divorce case with mutual consent?

If agrees for divorce, you can go for mutual consent.  In the petition you include the provisions regarding that you keep custody of the child and also about lumpsum maintenance as alimony. 

2. Will i get the custody of my 9 month child and later can they claim for the custody of my daughter

As the child is a girl and aged only 9 months, it appears that you have fair chance of getting custody rights, where as he will also be given visitation rights.

3. Will i get any alimony?

That depends upon your financial status and his financial status.

4. If they dont apply for divorce or agree for mutual consent, what can i do

Then you can apply for contested divorce on the ground of cruelty.  You can also file domestic violence case and if the facts support you Section 498-A case and if you are unemployed maintenance case for you and the child.


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