Legal Question in Family Law in India
I have 2 sons, the elder one is 6yrs and the younger one is 5months old. My husband always abuses us physically. Currently, we are staying together. I have been thinking about divorce for sometime. But, my main issue is my kids. Will I get custody over them ? I have a good job and we can live without depending on him. Please advise me, how to get custody over them.
3 Answers from Attorneys
Yes. You can live separate with your kids. If your husband is creating any trouble you can file criminal case against him.
custody of younger son will remain with you by default as he is less than 5yrs old. The elder one may also go with you to live seperately. If he claims the custody, you will have good ground to say that you can take better welfare of the child becaause of he being abusive creating bad impact on the growth of the child.
Younger son will remain with you and elder depends upon courts decision and circumstances and welfare of child.
Regards
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