Legal Question in Family Law in India

i am 32 and have a daughter who is 4 and half years old. i do not stay with my husband since i delivered the baby left due to his drinking habits. Till date he has not supported me financially to take care of my daughter. he comes once in a blue moon to see her and most of the times drinks in front of her. now i am thinking of filing a divorce with him. can i do it in mutual consent with him? who will keep the custody of the child as i love my daughter very much and do not want to loose her to him. is there any age where the child is asked for consent as to whom she wants to be with????
i was scared to file for a divorce as i thought i would lose the possession of my child. i plan to settle down with a person who is ready to take responsibility of me and my child. what are the chances that my current husband getting the custody of the child??? i am not been staying with him since the time my daughter was born. he has not helped me in any ways to take care of her in the past. the just comes in once in a while to make his presence felt.
how long to you think that this divorce procedure can take???
thank you

Asked on 3/28/11, 11:49 pm

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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I think i have answered your queries mentioned in the 1st paragraph of your email. Dont be scared to file for Divorce as there are two kinds of Divorce ,1) Mutual Consent in which both parties files a joint petition before the court asking the court to grant divorce to them. There are 2 motions in this divorce and the minimum time taken in this divorce is 6 months .2) and the second kind of divorce is contesting, in which one party files the divorce by taking one or more grounds mentioned in the act and the other party opposes it , this kind of divorce does take a while to decide. You are not going to loose the custody of your daughter . Engage a good lawyer for the same. Your second husband becomes the step father of your child. What does your husband do for living ? What are you doing for living ? Why dont you file for maintenance under the Domestic violence act ? I think i can help you in your endeavour to retain the custody of your child and get divorce from your husband too. Get back with answers of my questions mrentioned herein above.

Answered on 3/29/11, 12:10 am

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Sanjay Kalra Sanjay Kalra & Associates

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I have not been able to send you my reply to your email. Your email is bouncing back. What to do ?

Answered on 3/29/11, 1:24 am

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