Since both of you, i.e., both wife and husband, are willing for divorce, the best way possible is to apply for mutual consent divorce under Section 13-B of the Hindu Marriage Act, 1955. This is the fastest way to get divorce.
As regards the custody of the minor son, the best possible way should be for both of you to mutually agree on the issue of his custody. In the absence of a mutual agreement, the custody issue will be decided by the court. While granting custody of a minor, the welfare of the minor is the foremost consideration which the court keeps in mind. The fact that the minor son is staying with you for several years (as per your question, you are staying separately from your husband for 7 years and apparently the son is staying with you for these years) is likely to go in your favour when the question of custody is decided. The mere fact that your husband is paying for the maintenance of your son will not be the conclusive fact to decide custody of the minor son in your husband’s favour. The overall welfare of the minor son will be the main consideration for this decision.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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