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Author Topic: diverse and custody of minor child  (Read 640 times)

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Offline mithran

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diverse and custody of minor child
« on: April 27, 2016, 09:09:40 AM »
I got married 8 years ago and I have 6 year old son. Now I need diverse from my husband. Now I am staying in my mother's house for past 8 months. And i my son in my husband's house. And i need my son. And i approached to husband to bring back my son to me and he is refused . Now I feel very sad. And i don't know what to do to bring back my son to me. Kindly give some advice on this issue.
I need clear advice on two things
1.what is way to get my son from my husband before diverse in quick time
2.how to get diverse and get compensation for me and my son. And i am working.

Offline advbose

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Re: diverse and custody of minor child
« Reply #1 on: April 27, 2016, 10:31:50 PM »
you left your husband house. that amounts to desertion.
if proved in court than you will not get maintenance.

you left your husband's house without your child is that correct.

you have to file for child custody.


Offline mithran

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Re: diverse and custody of minor child
« Reply #2 on: April 28, 2016, 01:27:46 AM »
I have to clarify few things. Totally my married life is 8 years in that  5 years I lived in my mother's house. First time problem occured. During my pregnancy period of 3 months. We both came to mother's home for hospital check up after that he hasn't visited me until delivery. During delivery time my mother is brought him hospital. He didn't take care of me and my child. And he came when my son become age of 3.during that middle period after delivery he came only 2 to 3 times only to visit me and my son. And my family take initial step to unite me and my husband. After that I went there with my son. After that my life is very horrible. He fight with me for every single issues and he not even allowed to speak to my family for 2 years. After that I decided to leave to my mother's house.
I love my son very much and he is only hope to me. Why I left my son there means he went for schooling there. That is only reason to left him there. I decided to get him(son) back during summer holidays and i went there. But my husband not allowed to see my son and. Slapped me.  totally my married life is very horrible and he doesn't have love on me. But he simply want my son.
I filed a complient in women's police station to bring back my son but I am not happy with the action. But I think the money the is big thing played there. Initially they assured later on they said that they going to ask my son what is said is the final. If he said I want my dad means they will give him to my husband. What a stupid statement. I lost the confidence on police complient. Please give some other route to get my son.
If I get son before diverse will he with me until major or court ask him about who he wants to live with him.

Offline advjaibansal

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Re: diverse and custody of minor child
« Reply #3 on: April 28, 2016, 01:35:54 AM »
Dear Ma'am.

As i understand correctly, your son is with your husband and you are looking for his custody, which he is not ready to give as if now. Further, you are looking for divorce from your husband.

As if now, if you try to secure the custody on your own if possible. If now possible with talks and other ways to get the custody of son then without wasting your time, please file for custody petition before the family court. You may also file for divorce if you are looking for the same.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline mithran

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Re: diverse and custody of minor child
« Reply #4 on: April 28, 2016, 02:26:06 AM »
Custody petition and diverse both r different. So I have to file separately. Right??
Normally how much time to take for judgement for custody petition.
If I want something to prove for child custody petition to get my son.
If I file custody and diverse petition on time will I get custody of my son before diverse case judgement. Because I heard that diverse case  last for 2 to 3 years for non mutual case.
What about visiting time. If I demand something that I allowed him to see my son not take to his house for 1 or 2 days. because I not trust him.
Is that right?

Offline advjaibansal

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Re: diverse and custody of minor child
« Reply #5 on: April 28, 2016, 02:55:59 AM »
Dear Ma'am,

Yes you have to file two separate petition for custody and divorce. Custody will be filed under guardians and wards act and divorce under hindu marriage act. You have option that you can file for custody in the divorce petition but that will only delay your divorce case and nothing else. Its always better to file a separate custody petition under guardians and wards act along with application for interim custody from the court.

For grant of interim custody it may not take much time. But please do not delay the custody petition as delay in lodging custody petition also decreases the chance of winning the custody battle.

Please feel free to revert back in case you need any clarification.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline mithran

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Re: diverse and custody of minor child
« Reply #6 on: April 28, 2016, 03:14:21 AM »
Lot of thanks to Mr.jaibansal for providing  information in detailed manner.
I need one more information. Please clarify the terms interim custody and lodging custody.

Offline advjaibansal

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Re: diverse and custody of minor child
« Reply #7 on: April 28, 2016, 03:23:00 AM »
Dear Ma'am,

Filing a petition for custody of child is lodging the custody claim. When you file for custody then in the said petition, you can also file an application for interim custody of child. Interim means urgent and immediate custody of child without deciding the entrée case but during the case.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: diverse and custody of minor child
« Reply #8 on: April 29, 2016, 10:13:24 AM »
Hi.
First you need to file for child custody in family court.  Mother will be preferred over father.
Second case will be divorce . If (as in your case) cruelty being the grounds, your case will be decided in 6 months on following grounds;
Out of 8 years of marriage you lived in your parental home for 6 years. Added to that mother being denied visiting rights and being subjected to violence when seeking visitation rights to meet her own child . No worries.  We can support and resolve your issue in quick time.
Rajgopal
Partner
LEGALWIN CONSULTING LLP
9704772200
rajgopal@legalwin.in
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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