Hans Prasad 07 June 2019

divorce

hi, my sister wants divorce from her husband, but wants the custody of her fiver year old child with herself. what should we do.

also she wants to file the case of domestic violence, what are it's implications

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 07 June 2019

in case husband is willing to divorce then file Mutual Consent Divorce petition

Adv Rohit Dalmia 9324538481 (Lawyer) 07 June 2019

Is the child residing with mother? If yes, then she is having the custody of the child. After Divorce is completed, then she can file another petition seeking custody of the child.

As far as domestic violence is concerned could you eloborate what is the reason for filing it, any physical abuse, mental torture, cruelty done to her by the Husband or his family members?

Adv Deepak Joshi +917017821512 (Advocate) 07 June 2019

Although child custody normally is determined during the course of a divorce proceeding, there are other circumstances in which you would need to file a separate petition to establish custody of your child.