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Anjali elango (teacher)     31 May 2015

Newborn passport and custody while filing divorce

I got married on January 23rd 2015. I am currently working in Oman. Before marriage my parents and I discussed with my husband and his family that he needs to come to muscat after marriage as I wanted to my PhD there. They agreed to everything. After marriage, i stayed for 3 weeks in india in his house and left to Oman. He ensured me that he would find a job and come soon. In 2 weeks his mindset changed. He said he cant come. He told me to come to chennai to study there. I said ok i would try to leave evrything and come to India for him. I found out i was pregnant by the end of Feb 2015. i couldnt travel until i completed 3 months. i decided to go to india 3rd week of April. He agreed. he stopped calling me after that. when i call he never picks up. when he does he starts shouting and torturing me to give him my original certificates, he wants fridge and ac from my parents. he says i cant call u because i dunt have money for international calls. when my father calls he never picks up. he and his parents disrespected and literally threw my parents away from their house several times after marriage. but still i was patient. he has misbehaved in a lot of ways and never cares that im pregnant. he tells me to talk to his parents evryday and only then he would talk to me. he has never talked to me in a proper way ever since i left india. Through mediators, his side and my side we tried to solve problems. This happened twice. For 10 days he talks fine but he gets back to shouting at me for nothing. whenevr i decide to leave for india he makes a big problem. i am in muscat now. I am very afraid to stay with him since im pregnant. there is no sympathy or affection from his side. i want a divorce as i cant tolerate it any longer. i am due this october. If i deliver my baby in india, would i get the custody of the baby? can i issue a passport and travel back to muscat with my baby after filing a divorce case on him? please do help me and thank you for your time. 



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 7 Replies

saravanan s (legal advisor)     31 May 2015

if you got married in india then you can file divorce on grounds of cruelty in indian court but that can be done only after a year of marriage.child custody is given to mother till it attains a age of five years and beyond that it is left for the child to decide if need arises.

1 Like

Anjali elango (teacher)     01 June 2015

Thank you for your reply sir. Yes, I got married in India. Can I bring back my baby with me to Muscat after birth? Can he legally stop me? 

saravanan s (legal advisor)     02 June 2015

the father cant be denied visitation rights by the court.so he may object you to take the child with you.he might file a case for custody rights of the child.while the case is on if you try to leave then

he might file an interim application seeking custody rights during the period you stay abroad or he might pray for interim stay on the child being taken abroad or might request the court to impound the passport of the child

1 Like

Anjali elango (teacher)     07 June 2015

i would like to deliver my baby here in Muscat. Will I be able to get an affidavit from him through the court so i can file for divorce in India after delivery?

Adv k . mahesh (advocate)     08 June 2015

even after mediators making effort to resolve the issue or say differences also your husband coming up with the same angry issue then discuss with him for the MCD and inthe mou mention the child custody with you to avoid future complications but what every you can file after one year from the date of marriage only

Adv. Chandrasekhar (Advocate)     08 June 2015

Stay put in Muscat and give birth there. The divorce case can be filed only in Jan. 2016. So, at this moment forget about divorce and other matrimonial disputes till delivery is over. For divorce also, if you file case, it will take not less than 3 years for the court to grant it. For this entire period, you need not be here in India. For 3 to 4 dates only, your presence is required. So, do not worry about divorce case right now, as it can be filed only next year.

Anjali elango (teacher)     08 June 2015

Thank you sir.. im just concerned about the delivery and my baby's health now. I have gone through a lot because of him since I got pregnant. Your reply has made my day.

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