Need divorce from Husband

Hi, I got married under Hindu Marriage Act. I have a 8 year old son. I am taking care of my son financially since his birth. My husband has not seen his son for last 4 years. My husband separated when my son was three year old. He is refusing to live together and also not giving divorce. He has settled abroad recently.I am planning to file contested divorce, on grounds of cruelty.But my doubt is can I keep my son away from him i.e no visitation or custody rights to father. He has not spent even a penny on his son.I want to keep my son away, as my husband is very manipulating. He will try to trouble me and my parents instead of doing anything for this son. I have the following questions 1.if I file for divorce will court force me to let the child and father meet. 2.How long can my husband drag this case, since he doesnt want to give me divorce. Is it possible if he hires lawyer and comes just once a year. Will case drag for 3+years. 3.Can he drag divorce case by filing custody case

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Advocate By LEAD INDIA Answered: 07 Jan 2023

Hello mam,

its depend on the court as the custody of child will be morever will be given to you but the right  to visit to the child will be allowed to the huband also

you can file for the divorce on the grounds of cruelty and also if husband had left you then you can fiel for the restitution of conjugal rights and seek for the divorce

the dragging of the case entirely depend upon the court as it may feels to dispose off the case as per the parties the court will dispose off the case as soon as possible 

for more divorce related information call on our helpline number.

thank you 

 

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