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(Guest)

Divorce under cruelty along with child custody

Hi,

Greetings!

I would like to know how to file divorced (which act ?) under cruelty grounds done by wife & in-laws along with child custody (which act ?).

 

Thank you



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 5 Replies

Vijay Raj Mahajan (Advocate)     20 November 2017

If you both are Hindus and married according to Hindu form of marriage, you can file for divorce petition u/s 13(1)(ia) of the Hindu Marriage Act, 1955. For custody of child during pendency of main divorce petition can be filled u/s 26 of the HMA. Otherwise for permanent custody of child the petition has to be filled under the Guardians and Wards Act.

Vijay Raj Mahajan (Advocate)     20 November 2017

If you both are Hindus and married according to Hindu form of marriage, you can file for divorce petition u/s 13(1)(ia) of the Hindu Marriage Act, 1955. For custody of child during pendency of main divorce petition can be filled u/s 26 of the HMA. Otherwise for permanent custody of child the petition has to be filled under the Guardians and Wards Act.

(Guest)

If you like to know to file divorce, the experts would like to know the instances of cruelty by wife with complete background of the instances, which may justify your case to help them form some purposeful opinion.

 


(Guest)

Even if anyone tells you the relevant section of law under which you can file divorce, still you may have to take help of some local lawyer to prepare and file petition for and on behalf of you.

 

Adv. Aditya (Litigator GROSON ADVISORS)     20 November 2017

Get a local lawyer for drafting of the petitions. As sections have been already noted above, you have to understand that cruelty meted out on you and cruelty as assumed by you is different. 


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