custody of of son...
Sreenivas
(Querist) 13 December 2010
This query is : Resolved
My niece was married 4 years ago. The couple stayed together for 4 months after which the husband got transferred. After a few months my niece delivered a baby child son. Then her husband without informing her went overseas and now not at all interested in her at the instigation of his sister and mother. What would be the status of my niece and the custody of her only son whom she loves madly.They stayed together only for 4 months.
snvas
Swathi S Bhat
(Expert) 13 December 2010
Sir,
As per our law it is the legal duty of every husband to maintain his wife, children and parents. Here there are some suggestions for your niece.
• Your niece is at liberty to file a petition for restitution of conjugal rights before the jurisdictional Family Court, where she ordinarily resides or where she works.
• She can also move a petition under Section 125 of Cr.P.C. calling her husband to maintain her and the baby.
For the above two cases she has to find out the correct address of her husband. Then only she can get some relief.
Pritam Saini, Advocate
(Expert) 13 December 2010
in case of custody of minor court firsty look intrest of minor and in your case age of child is only 3 year.most of the verdicts like such cases are in your favour .
Pritam Saini, Advocate
(Expert) 13 December 2010
and can file petition u/s 23 and 12 of domestic voilence act 2005 for maintainace and other relief.
Y V Vishweshwar Rao
(Expert) 14 December 2010
Child Will be in the Custody of Mother and the cases against the Husband can be filed as suggested by Preetam Saini & Swathi -advocate/s . The Pass Passport Authority / Indian Foreign Affairs Department can help you to locate the Address of Husband
Sreenivas
(Querist) 14 December 2010
Thanks for ur kind suggestion. The question is my niece is worried that her husband would take away her son once he is more than 5 years old. Is that true? Can he. Further He has taken away the passport of my niece and her son too.
Swathi S Bhat
(Expert) 14 December 2010
Sir,
If there is such possibility of taking your niece’s son by her husband, let her to file a guardianship petition before the jurisdictional family court(as I stated earlier) and get the court order in her favour. Law says that up to 5 years mother is the natural guardian but in normal practice, Courts used to give the custody of the child up to 8 or 9 years to the mother. So what you have to do is make your stand strong before the Court. If her husband appears before the Court then give notice to his advocate under order 12, Rule 8 of C.P.C. to produce the passport of your niece and her son.
