Divorce

Abhimanyu Soni (Querist) 15 May 2011 This query is : Resolved
The query is regarding Divorce. One friend got married in 2006. She has a child of 6 months and want to file divorce. Her husband is threatening to claim the baby, if she files the divorce. Currently, she is not into the job and will be staying with her parents only. Both have been staying away from last 9 months. Her husband stays alone in Mumbai. She has mother-in-law, who is again not in speaking terms.

Her husband does not want to give divorce.

The queries are:
1) What are the chances of getting Divorce on the ground Harrassmant by husband and mother-in-law.

2) What are th chances of losing baby to her husband.

Please advise.

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M/s. Y-not legal services (Expert) 15 May 2011
you not stated the exact reason for the decision about divorce.. You saying she getting harassment by her husband and mother in law. But in which way. Without valid grounds if she filed divorce petition mean surely she can't succeed her case..

M/s. Y-not legal services (Expert) 15 May 2011
Then custody of the child is impossible to that husband. Since the child is 9 months baby, court will not allow the husband to bring the child from mother's custody. So she no need to worry about that.

Kiran Kumar (Expert) 15 May 2011
as far as child is concerned you need not to worry, the court will not give the custody of child to husband at this stage.

for divorce, the female needs to prove the cruelty being done by husband and the mother in law.

if you are not comfortable in mentioning the entire set of facts here then better meet some local lawyer to have detailed opinion on the matter.

abhay dholakiya (Expert) 15 May 2011
agree with kiran kumar in this stage of age court will not give custady of baby to her husband and if her husband dont allow to give her divorce she should also live seperatly from husband as the claim of juditial seperation and claim for maintains from her husband

Guest (Expert) 16 May 2011
i agree with Mr. Kiran Kumar Advocate

Jitendar Kumar gupta (Expert) 16 May 2011
your friend can take several steps against her husband, she need not worry about the custody of the the child. the child shall be with your friend.

J.K.Gupta Adv.
guptajkin@gmail.com

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