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Vibhor Goel   23 August 2022

Cruelty against husband and family

I am Married since 5.5 years and had a Daughter of 4 years..Wife is Forcing to live separately from Parents, giving threats of False Domestic Voilence,Dowry cases.. If i file Divorce case on Behalf of Cruelty as per Hindu Marriage act.. Who will get the Custody of 4 years Daughter and Will i need to give any Alimony to wife?



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 3 Replies

Anusha Sharma   25 August 2022

The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia)

It;s a legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce.

As for the alimony is considered, if your wife is working and can afford the same level of lifestyle as you then you aren't entitled to pay alimony. The custody of the child depends on many factors of the marriage, such as the financial position of the parents, nature and needs of the child,etc

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT HIGH COURT OF TELANGANA AND ANDHRA PRADESH)     27 August 2022

You have a good case to protect yourself. You may reach us @ 8297877977

sonam ranjan   20 September 2022

It is a painful process of getting divorced from your spouse. The most struggling part is getting custody of your children. the entire journey of separation is ugly but settling the matter of child custody is even uglier. 

In the case of a minor child, both parents have an equal right over the child after divorce. If there’s no mutual consent, the family courts decide who is going to stay with the kid and make major life decisions for him or her. 

The best way is to contact the best custody lawyer who can guide you through the whole process and save you the bare minimum of stress.


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