Legal Question in Family Law in India

Hi,

If you are all determined to get off your husband, it is advisable to you to go for divorce under the provisions of HMA.

In addition to the above, if you want to teach a lesson to your hubby, filing of complaint u/s498A r.w. 406 is all open to you, by which you can not only make him run for cover but also all of your in'laws who have harassed you till date.

Custody of daughter will remain with you.

First of all you have to consult an advocate for all kinds of pleading.

1. Last question first : In terms of Section 6 (1) of the Hindu Minority & Guardianship Act, the mother may ORDINARILY be entitled to custody of a minor child until the age of 5; and thereafter the father. The court will be considering all attendant factors, without going into the rights of the parties, for deciding custody issue keeping in mind the 'welfare of the child".

Therefore, it cannot be said with certainty that custody of the child will remain with you. Even otherwise, by their very nature, the custody orders are variable depending upon situations.

2. About divorce : a contested divorce may take lot of time; the litigation may be expensive, time consuming with uncertain results. You may, therefore, consider finding an amicable settlement and prefer a mutual consent divorce than a contested divorce.

3. You may consider invoking the provisions of Domestic Violence Act for all the sufferings undergone by you. In appropriate proceedings, he may be punished and depending upon his financial position, you may ALSO be awarded suitable compensation.