Want to file divorce

Jyoti Sarkar (Querist) 28 January 2010 This query is : Resolved
Hello Experts,

I want to file divorce against my husband.I have been living seperately from him since the last 9 months.I left his house when I was 4 months pregnant.My baby is now 5 months old.
During this period,he didnt contact me in any way.Also he had asked me to abort my child many times.He is an alcoholic and abused me every time he came home drunk.

I want maintenance for my child from him.
Also I want full custody and guardianship of my child.

Is it possible to file domestic violence case against him on the ground that he asked me to abort my child?That too when 9 months have already passed?

Please guide me.

Thanks,

Nakshatra

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bhupender sharma (Expert) 28 January 2010
1.u can file the divorce after one year i.e is the statutory reqirement.
2.u may have the custody of the child till five year there after the ohter spouse may have the visitation right in this respect.
3.u can file the D.V. Act compalint inthis respect but u have show some domestic violence incidnece inthis respect.

Devajyoti Barman (Expert) 28 January 2010
Though the statutory one year period has not lapsed in the mean time, you can file the suit for divorce praying for leave to waive the intervening one year as there are catena of judicial precedents.
Since you are already in lawful custody of the child , there is absolutely no requirement for you to go to the court for custody of the child. Remember the courts are loath to shift custody of the child even if the strongest of case is made out.So relax.
You can definitely claim for maintenance of your child both under sec125 Of CrPC and DV Act for your child and you assuming you are not well-established financially. The initiation of proceeding under DV Act does not depend upon domestic incident report.A petiton on affidait will do.
Good luck.

B K Raghavendra Rao (Expert) 28 January 2010

Sri Barman is correct.

Adinath@Avinash Patil (Expert) 29 January 2010
I AGREE WITH SHARMA

Sachin Bhatia (Expert) 29 January 2010
You can file the divorce after one year, you have the custody of the child till five year after that you can apply for full custody and guardianship of your child. Yes you can file domestic violence case against him.