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Praveen Kumar (Not working)     05 May 2011

1 year female Child's custody

Sir,

I need valuable advise on my 1 year daughter's custody (I am the father). The brief of my marriage is:

I had a love marriage with a divorcee in april 2009. this is my 1st marriage. after 6 months she leaves me when she was pregnant and her family told me to pay money or face consequences. I contacted a lawyer after few days as all attempts to talk to them. I tried to know reasons of her 1st divorce and I came to know that she had filed 498A , dowry , 506 and others on her 1st husband and got a mutual divorce there on a huge amount. I was advised to file RCR to be on safe side. In reply she filed 498A, 506, 406, and dowry cases against me alongwith sec-24 for maintenance. Later I produced her last marriage documents she withdrew her case.She refused to join me. as the case was not going i withdrew my RCR. Later she filed 125 CrPC in dwarka court. Its still going on. Meanwhile my mother was diagnosed with liver cancer, still they did not even came. in march 2010 she gave birth to a baby girl but I was never allowed to see her. she doesnot even bring her to court in 125 CrPC. I tried to make her understand a lot that we should think of the future of the child but in vain. With no future of the marriage I filed for divorce on grounds of cruelty.

Now I plan to file custody of child as the child cant have a good future with her, she is just after money. They have asked for 10 lacs for mutual divorce but I cant pay that amount as money is required for my mother's treatment.

Does any criminal case works on her? Such ladies should be penalised by law to make marriage a mockery and use it to extort money.

Can I get the custody of my child? on what grounds and what are my chances



Learning

 1 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 May 2011

As per law, it is with mother


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