kumari 16 March 2016

Divorce and chaild custody

Hi All,

Iam looking for your kind help, guidance and support to solve my problem.

I am 29 years old and married 12 years ago ,iam married when i was studying 12th standard with the
guy alomost 15 years yonger than me.During the marriage time when i denied for marrieage due to the reason that
I have to contunue my studies ,my husband and their parents told they let my studies continue after marriage also.
Because of the family situations I agreed to marry and continued my studies.After a month i cam e to know what is my situation there.
My husband and his parents treated me like a slave and when infront of relatives they put drama and create a situation that iam a lucky person to
have such a kind and good family, but i know their true faces.My husband is one psysco fellow , he will suspect if i speak with any gents even if my cousins
I got a baby in a year and they started torturing me mentolly and they didnt let me go for studies.
I hardly stayed with my husband 2 years out of 12 years, after one and half year of my marriage I came to my parents home along with my kid and
after year my husband came with his relatives and promised he wont torture and he will be good with me hereafter and took me to his home, he will be good for 1 week and then again he will start torturing me mentolly by abusing that i have relations with my classmates whome so ever i speak.
Mentol torture as well as physical torture, but i have not complaint in police station due to the family prestige in society. it happend trice that he will promise infront of my parents and relatives and i had to agree on force of my parents ,but he has not changed his mentolity.I am tired of this , he speaks abused words of my family and my sisters in public whomever we meet.He has age but purely immatured. I completely away from him past 7 years , I completed my PG and settled as aprivate employee and iam taking care of my kid. I have been asking him to give divorce couple of times but he is not willing to give. He said that he is happy to stay away from but he will never give divorce to me.Iam litterally wanted divorce from him but i dont have any support and proof that physical torture
iam already living seperately from him from past 6 years, my parents also not supporting for divorce they treats divorce is not good desicion and it will affect their reputation in public. They said , we all know , he is stupid , but what to do , its your fate , you have to be with him like that or live as usually without taking divorce.Because I am basically from rural village and my parents are not educated, they are living in a village and have concerns about people what they talk if we take divorce.Iam helpless, dont know what to do.I have faced a lot lot lot of problems in my life after marriage, and I have taken my life as a challenge and proved myself by standing on my own.I wanted to live peaceful life now. Please show me the path to solve my problem. Iam living in Chennai , he is in Hyderabad.Shall i file a divorce case in Chennai.we together didnt stayed in Chennai before.And also chaild custody , boy baby age of 11 years, is there any law that care of boy baby has to give for father? I am worried about my kid future and education as i am sure that my husband cannot give him good education and good life to my kid.

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5 Replies

(Guest)

You can go ahead and file divorce rightaway in Chennai as you are residing there. Regarding custody, kid's opinion will be asked by court as to whom it want to stay Also file maintenance application asking maintenance for you and the boy. All the best,

Laxmi Kant Joshi (Advocate ) 16 March 2016

You can also file divorce from the chennai, on the ground of mental cruelty and desertion, regarding custody of your son court give custody only after asking the child to whom he want to live and also considering for his bright future, you can also file maintenance case for your child .

kumari 17 March 2016

Thanks All for your Kind responses. Could you please help me on below .

1)My marriage is not registered formally and we belongs to Hindu , does it require/mandatory of marriage certificate to file a divorce case?

2)If my parents are not supporting me to take divorce due to family prestige , can i still proceed to file a divorce case.My worry is my husband will utilise this opportunity also as favour for him if he come to know that my parents are not supporting me for divorce.

3) I dont have any proofs or i had never filed a complaint previously aginst him for his arassment due to family respect and prestige in society , So now will it be a problem for my divorce as there were no proofs for harassment.

4) Iam working in IT, is there a possibility for him to file a maintanace case from me as his salary might be less than me, but iam not aware of his salary details and all.

Thanks in advance for your kind advice

Laxmi Kant Joshi (Advocate ) 18 March 2016

1.Don't worry hire an intelligent lawyer for your divorce case, you can file very well file the divorce case , this is not mandatory that you can file divorce only when you marriage is registered, 2 .you are major so consent of your parents doesnt required in the court, 3. File divorce on the ground of physical and mental cruelty, 4. He can file but generally it is not granted .