Legal Question in Family Law in India
Actually my husband has done so many frauds in some company's & cheated so many men in case of money. He is completly fraud man & i belongs to a very simple & honest family i don't want to stay with him. I got married to him 2 yrs back & at last but not least that i want the custody of my 1.4 yrs son. I don't want to take him to court, i don't want to create a seen, what i want that is only to get seperated from him as soon as possible. I just want a mutual divorce. I don't want a single thing from him & even i am not going to demand anything from him even not money. So plaese guide me, how to proceed for the same.
Thanks
Shikha
3 Answers from Attorneys
Mutual divorce is only possible with the consent of the husband. As such, your only remedy is to file for a contested divorce. It may take time, but you may successfully get the divorce and also the custofy of your child. Withoput going to court you can neither get a mutual divorce or a contested divorce.
its better if you talk to your husband and convince him to get divorce by mutual consent. in case he doesnt agree, you may resort to legal remedies by way of filing a petition for divorce on the grounds of cruelty.
You may want to expose his misdeeds by making an appropriate complaint to the police; he may come on terms with you to agree for mutual consent divorce and also for custody of the child.
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