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 as he used to assault me and used to drink alcohol. 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.


Asked on 3/26/11, 2:20 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Yes you can file a Mutual Consent Divorce ,provided your husband agrees to this kind of divorce, Your right over your daughter are better than your husband, incase he troubles you for the custody issue of your daughter at a later stage.

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Answered on 3/26/11, 3:06 am

yes you can file a divorce petition under mutual consent if he is ready to do so. Child's custody shall remain with you..

regards

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Answered on 3/26/11, 3:07 am


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