Reading: I’m considering divorce after five years of marriage. My husband has never taken responsibility for me or our two-and-a-half-year-old daughter. We want to go for a mutual divorce, but I want to make sure he has no rights over our child after the separation. He’s never bothered to provide for our daughter’s basic needs like food, clothes, or shelter. I don’t want him to see her, as he’s irresponsible and often drinks. We’ve moved out of our rented house, and I’m living with my parents. Can you advise me on how to ensure child custody?

I’m considering divorce after five years of marriage. My husband has never taken responsibility for me or our two-and-a-half-year-old daughter. We want to go for a mutual divorce, but I want to make sure he has no rights over our child after the separation. He’s never bothered to provide for our daughter’s basic needs like food, clothes, or shelter. I don’t want him to see her, as he’s irresponsible and often drinks. We’ve moved out of our rented house, and I’m living with my parents. Can you advise me on how to ensure child custody?

Last updated: August 25, 2025 1:01 pm

Apni Law

2 years ago

Law Forum › Category: Child Custody › I’m considering divorce after five years of marriage. My husband has never taken responsibility for me or our two-and-a-half-year-old daughter. We want to go for a mutual divorce, but I want to make sure he has no rights over our child after the separation. He’s never bothered to provide for our daughter’s basic needs like food, clothes, or shelter. I don’t want him to see her, as he’s irresponsible and often drinks. We’ve moved out of our rented house, and I’m living with my parents. Can you advise me on how to ensure child custody?

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Apni Law Staff asked 2 years ago

I’m considering divorce after five years of marriage. My husband has never taken responsibility for me or our two-and-a-half-year-old daughter. We want to go for a mutual divorce, but I want to make sure he has no rights over our child after the separation. He’s never bothered to provide for our daughter’s basic needs like food, clothes, or shelter. I don’t want him to see her, as he’s irresponsible and often drinks. We’ve moved out of our rented house, and I’m living with my parents. Can you advise me on how to ensure child custody?

1 Answers

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Apni Law Staff answered 2 years ago

While a mutual divorce is possible, you cannot completely bar your husband’s rights over your daughter. Indian law emphasizes the child’s best interests and allows visitation rights unless proven detrimental. You can seek sole custody and present evidence of his irresponsibility and lack of care for your daughter to strengthen your case.