Child custody foreign citizen

(1)He can file case but not so easy to take away child from your custody if the child is a minor, contest the case and respond only if he files a case.

 (2) Yes you should approach your husband/in-laws with a positive mind/approach and things will improve.  No, if the things have gone to the extent you have explained hereinabove, you shouldnoti wait but be aggrassive and claim your right. 

(3) Do you not having custody of the child at present? If no, then it is better to file child custodyand stay here. By-the-way where do you belong to (originally) ? Not an Indian citizen?

Dear Sir,

Thanks very much for your prompt reply and some assurance.

I was Indian citizen but since I got married to him abroad I also became foreign citizen. They migrated from India long back. I am having child with me here in India and have always taken care of child and my expenses since I was working abroad also. I never approached lawyers, so did not file any child custody. I was thinking if I file child custody and go legal route, I will be instigating him to separate. However since he started threatening me, I am not sure if its just threatening or if he really wants to file case. I am thinking if its ok for me to wait to see if he improves and his family takes me and child back nicely. 

Question - (a) Is it ok if I file child custody only if he files case against me. Will I still get full custody even if he files case first? I am fine to stay in India with my child and find a job here to take care of both of us.

(b) I think minor child is upto 5 years, so can he file for child custody and take child abroad after that.

Even giving visitation to them is risky since they are very abusive and heartless people. Child has no attachment to the paternal side even though we were living with them because they abused both of us a lot. 

I once again Thank the Lawyers and this Forum for extending guidance to me.

Wait and watch

don t worry about the case first you settled your job and care your child and if your husband threatening you record it on your mobile and email and messages a file a case against him for possible physical torchure so you have protected and complained to nearest women welfare organisation for this........

and use the social website to publish the threatening of husband......

and help to your nearest local freinds and people and relative which is brave.......

always keep in mind that your freinds and neighbours are closed then others.....

regards,

avadhesh 

Question - (a) Is it ok if I file child custody only if he files case against me. Will I still get full custody even if he files case first? I am fine to stay in India with my child and find a job here to take care of both of us.

There is nothing wrong in you filing a petition seeking custody of your child with you in the light of all the unbearable violent and cruel acts committed by your husband and his parents against both of you.  As per law, if your marriage was solomonized as per Indian law, you are entitled for reliefs as provided by law.  You can even object to his visitation rights petition stating that the child is not at all willing to see him or it is danger to have him meet the child, if necessary, the child can be brought to court to adduce its evidence on this issue.

(b) I think minor child is upto 5 years, so can he file for child custody and take child abroad after that.  It is not possible.  The above stand that the prevailing danger for his life in the hands of husband can be highlighted even then.

Above all, if you apprehend further danger or worried about the safety of your life through him, you can file a divorce petition against him so that there wont be any more connection between hm and you especially in the event of you deciding to live separately and far away from him for ever, it is always better to discard the relationship legally instead of hanging around and beating around the bush. This is just an opinion, you may be having a different idea on which you may take a decision.

Thanks for your replies. I noted the responses and it is a big relief for me to know that my child cannot be forcibly taken abroad. 

I was scared because I thought I might not get to stay in India and take help from here since we all are foreign citizens and got married abroad. Yes, it was solemnized as per Hindu religious ceremonies also abroad in their place. But I thought that I might have to abide by foreign country's laws and was scared of going back there.

Appreciate your opinion, I was just hoping some miracle would happen and my husband treats us well even if my in-laws are treating us badly. I will wait for some time and see how things shape up and then make a decision.

Once again, thanks to this forum for giving your time to answer my queries and I will reach out to you for any more help.