Child custody in divorce
Justice
(Querist) 01 November 2012
This query is : Resolved
Hi All,
After 10 years of unsuccessful marriage and continous trails of compromise, finally i have decided to divorce my husband as he s not read to consider me as a wife due to his friend who is having a relationship with him. According to society there is no bad remark about him but after knowing the truth about him being a heart patient and gay, i tried copin up for my 2 childrens sake for 10 years with help of his relative,my parents,doctors etc but everything was in vain , but he s not ready to let me be a financial independent woman and forcing to cut off all relation with my parents. Due to not giving respect to his friend, that person created a big bridge between us to such an extent that hurting me is the only sole work he does and also is not having any physical relation with me after my 2nd child(boy)its been 5-6 years now.
I want to know in this case will i be given the child custody physically and legally of the girl child(9 yrs) and the boy child(5 yrs) to me as I feel its not a good environment to grow with coz... as even the children are not ready to go back.
I am not doing this for any alimony or with some bad intention . The only sole reason of this decision is to have good env for my kids and independence from him.
Please guide me as I am in confustion and fear that as he s more financially stronger than me. I request you ppl to guide me through law. Atleast I am hopin god will be with me in this.
Justice
(Querist) 01 November 2012
Please reply me on to my query as I am not sending the children to their school and have decided to make them join in Mysore by Nov 6th please.
Devajyoti Barman
(Expert) 01 November 2012
Financial might has never been the factor to decide the custodian of child. On the contrary if you are not so well off then your husband would be directed not only to bear the expenses of your children but of yours as well.
So if you have decided to go for divorce then do ahead keeping the children with you. As I said above you can claim maintenance both for your children and yourself. If your husband want the children then he will have to file separate suit wherein he may be allowed to visit the children only.
Justice
(Querist) 01 November 2012
Hi Barman Sir,
Thanks for your positive reply. I do not have any evidence against him to prove him wrong in anyways, he s not communicating thro phone,mail or messages.
Only once the doctor (Psychiatrist) had said to be about his bisexual nature after speaking t him for half n hour.
I am going to meet a lawyer today I do not want any alimony or divorce only i want is to have my kids legally and physically.
I am fearing that due to his illness if the court gives him the boy child.
ajay sethi
(Expert) 01 November 2012
being bi sexual is not a illness .you cna claim maintenance . use it as bairganing chip . you are entiled to custody of children . clam maintenance for children sake .
V R SHROFF
(Expert) 01 November 2012
File Police Compl for cruelty/ harassment, & go Mysore with ur children.
File Petition for Legal separation, 498 dv 125 and child custody at Mysore.
Raj Kumar Makkad
(Expert) 02 November 2012
You have got various legal rights in the given facts like right to maintenance, right to have custody of your child, protection against cruelty, right to restrict your husband to dispose of his properties,etc.
Justice
(Querist) 03 March 2014
Dear Sirs,
I am in great confusion, kindly help me.
I did not file any case for legal separation or custody of child till date. Now after staying in Mysore (with my parents) separately with my kids for one and a half year without any communication from their end are approaching with some relative as mediator.As I do not want to go back and also do not want to give my kids to him,is there any provision for him to file a suit only for the custody of child without going for legal separation.
Thanks in advance.
Devajyoti Barman
(Expert) 03 March 2014
Yes, you can file suit for custody alone. No need to file suit for divorce for this.
Custody suit is to be filed in the court where child is residing now.
