Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You can hire a lawyer who deals with cases relating to family law to get custody and access and visitation rights for the child. Young children are often handed over to the mother in the event of divorce.Read More

Posted on 17 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

You can file a contested divorce petition against your husband along with a child custody and maintenance petition. You can consult a divorce lawyer in India to file your petitions.Read More

Posted on 02 Sep 2019 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 10 Jan 2020

Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a man spends on his family. The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not. In terms of Section (3) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife. Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority. While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child. Consult a Muslim law lawyer in India for your divorce, maintenance and child custody matter.Read More

Posted on 06 Jan 2020 | 2 Answers

Advocate Shivam Dwivedi | Legistify

Advocate Shivam Dwivedi
Answered on 30 Dec 2019

If the father is not financially supporting the child since birth, and the child is living with his mother, he cannot claim for the custody of the child.Read More

Posted on 17 Nov 2019 | 1 Answer

Advocate Shivam Dwivedi | Legistify

Advocate Shivam Dwivedi
Answered on 30 Dec 2019

It is possible to get a divorce based on the reasons you stated through a contested divorce against your husband. Child custody - the children are in your care from birth till date (financial assistance provided by them) and they are minor children, so the court will give you the child custody in the custody case.Read More

Posted on 24 Jul 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 26 Dec 2019

You can file a case against your in-laws and Husband for cruelty and its a very good ground for divorce and custody of the children will be provided to you only.Read More

Posted on 05 Aug 2019 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 26 Dec 2019

You can file for a divorce on the grounds of cruelty in the situation that you have been facing. Also, the tender age of your young child favours you to get their custody. Consultation with a good divorce lawyer is necessary.Read More

Posted on 29 Jul 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 12 Dec 2019

In India, one-sided divorces are also granted, which means that your wife can get a divorce from you even if you don't want it. Also, the custody of your son will also be determined by the court although your wife will get a preferential right over it.Read More

Posted on 11 Dec 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 12 Dec 2019

You can file a case against your husband for a divorce. You can file DV (domestic violence case), and ask for monthly maintenance. You may file CrPC 125 and ask for monthly maintenance. Meanwhile, you can file an application of custody of your child by saying that your husband is irresponsible as well as having an addiction so it may create a huge problem with the child's future and maintenance.Read More

Posted on 10 Dec 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Dec 2019

Custody of a child only implies as to whom the child will physically reside. Both parents continue to be natural guardians. The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not. Consult a good divorce lawyer in India to know the process of child custody, maintenance ansd divorce as per your case.Read More

Posted on 07 Dec 2019 | 1 Answer