If I want to divorce from my husband and have permanent custody of my child is this possible?

Situation : I have put divorce case and allemoney case in since 2015.judge order to pay allemoney but my husband not paid in a regular base.another side in my divorce case he can try to prove my job income from many months.but I gave statement that I have no job in court.and he can't gave evidence closer.in this condition my case is pending from last many moths.so my question is how long wait for that matter.and what is the exact status.can I get divorce from Court judgment and continue custody of my child
Related Topics : Family Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

For More Details Contact On +91 7769012300.

Dear Sir/Madam

If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Sixty  months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:

12. Application to Magistrate.—

1.     An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.


2.     The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.


3.     Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

4.     The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

5.     The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.


In case of Divorce also Six month outer limit is provided under law:

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.


It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..

174 user found this answer helpful

Disclaimer : This answer is based on information given by you hence, It is just opinion of Lawyer. For specific answer you have to give details and facts and choose the Lawyer of your choice.

Lawyers: To answer this question, please Sign In to your account or wait for admin approval.

Most Viewed Lawyers