Legal Question in Family Law in India

Re: divorce

You may file diovorce case against your husband. Without the order of court your husband has no right to take forcefully custody of your son and moreover your son is of tender age hence I think that your husbnad will not get the cusdoty order from the court but mind it that your husband has a visiting right to see and meet his son.

Re: divorce

You have not stated whether you want to take divorce or not.

You can take away the child along with you whereever you and on informing the same to you husband. Upto certain years mother have full right over the child as she has to feed the chaild.

Continuing the marital life is entirely different form maintaining a chaild.

Like wise your hausband also have right to visit the chaild and to lookafter the welfare of the child.

Re: divorce

If you do not wish to continue, nothing is stopping you to apply for and get a divorce. You can also apply for custody of the son and get same. You can also apply for maintenance and alimony.

Re: divorce

we do not know the actual reason for your decision - there must be a reason for a divorce -

with out any reason you cannot go in for a divorce case!

custody of the child is normally is with the mother! it is otherwise only in exceptional cases.

consult a lawyer in person

Re: divorce

you are entitled to custody of your child at least till he is five years old; for divorce, you need to spell out reasons; please write details of instances which may support your case for divorce.

Re: divorce

good evening

in this case you have to file a divorce and a seperate plaint for the custody of childre.

please consult personally as would like to know about more details regarding the matter with you.

Re: divorce

its difficult to advice to go for divorce specially when u have a baby.

still if both parties are ready go for mutual consent divorce after settling the terms of maintenance etc.

Re: divorce

Uptill the age of 5 years of child you are the natural guardian and custody of child shall remain with you unless and untill some excetional circumstances exist which disentitle you from custody of child.You can go for divorce and can alsoclaim maintenance for your self and the child.

Re: divorce

i can understand the feelings as well as situation you are in. No court is going to disturb you n your son right now unless your husband makes out a good case of hardship to your son.He is of tender age and will remain with you except for occassional visitation. you can file for divorce and ask for maintenance as well during divorce proceedings, which your husband in all probability will try to avoid resulting in exparte proceedings means your divorce will be easy.