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Legal service India => Divorce Laws => Topic started by: SpectacularV on September 21, 2015, 10:25:18 AM

Title: Child Custody - Help
Post by: SpectacularV on September 21, 2015, 10:25:18 AM
My Husband has filed divorce case against me at his village in Karnataka. We have a child 3 year old, but he left us when he was abt 9 months. I stay at Mumbai at my parents place and had filed for maintenance and dv case. Can I file for sole custody of my child at Mumbai, though my divorce is pending. ?

Kindly Suggest.
Title: Re: Child Custody - Help
Post by: adv.amarnath on September 21, 2015, 07:23:25 PM
If child is in your custody then filing of custody case is not necessary. But you can transfer the divorce case from Karnataka to Mumbai under Section 25 of CPC
Title: Re: Child Custody - Help
Post by: SpectacularV on September 22, 2015, 12:18:39 AM
My Husband delayed the dv act & maintenance case for 2 years and stayed in US and now all of a sudden he is claiming himself to be legally blind. and submitting such medical certificate. Moreover he has hired detectives in mumbai and sent harrasment letters from unknown addresses. ow to proove that it has been sent by him. Due to his medical certificate he is claiming himself to be 75% blind but he is very well active on facebook and linkedin typing comments and endorsements.

In that case what can be done.  I dont want to go to that place, Scared and seeing his medical report transferring the case is also difficult now. This is what lawyers are telling.

But he has filed cases against me at sessions court in Mumbai. Needed help. He has tortured me very much before also when I was with him and now also when I am not with him. How to go ahead with my case.
Title: Re: Child Custody - Help
Post by: adv.amarnath on September 22, 2015, 07:11:24 AM
You have paid lawyer with you who is handling your case but I can give you one suggestion that challenge the medical report of his blindness. Put him into a medical examination via court. This much I can tell you as your matter is now complicated as you explained.

Title: Re: Child Custody - Help
Post by: JackSparrow on September 29, 2015, 08:15:17 AM
I agree with you.
Title: Re: Child Custody - Help
Post by: saravanan.s on October 02, 2015, 09:45:05 AM
till the child attains five years the child custody would be given to the mother only.only in exceptional cases it will be given to father.so no need to worry.even after five years the childs wish would be taken into consideration while deciding as to whom the custody should be given.the other party would get visitation rights.