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Anupama Nilkant   23 November 2022

Family court

I was married for 8years and going through domestic violence in all forms like physical, mental, financial, technological, verbal and even emotional abuse.
Finally gathered the courage to leave the matrimonial home, because husband and inlaws threatened to throw acid on my face and leak my private pictures on line, due to which I had to leave the home leaving my 4.9year old baby boy.

Now, I have filed for divorce and domestic violence case in chennai against the three of them(husband, fatherinlaw and motherinlaw) out of which each time the summon is sent the motherinlaw does not appear and keeps saying some excuses, moreover my son is been kept with him and his family and not allowing me to see or speak to my child and the child is beimg brainwashed and told that the mother which is me is not alive and the child only has father.

My question here is I have asked for interim custody of the child in the Domestic violence petition and will I get my child custody or not? Its been 5months now since I saw and spoke to my child. Im scared and worried if they make the kid forget me.

Can the husband again lie in the court?



Learning

 2 Replies

Real Soul.... (LEGAL)     24 November 2022

DV or cases undes 498A are criminal in nature and court issues warrants not summouns; it is better your n FIR in the plice station and mention all the cruliets and threatninings being given to you. If you think thay rae really criminals then file application for recobery of your child from them and mention your son's life is in danger. Press hard the applications in courts too and demand recovery of your child.

However courts favour to grant custody mostly to mothers 

P. Venu (Advocate)     24 November 2022

You have already initiated requisite actions. You and your lawyer need to pursue the follow up vigorously and consistently. If need be, approach the High Court and get appropriate directions to the Trial Court to expedite the matters.


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