Hello
Here i am writing on behalf of my elder sister who wants get divorce with the custody of her 9 years old boy. as per the divorce is concern her husbend has no problem but he claim the custody of the child.
They were married in the year of 2000 and got the child in the year of 2003, they were never happy with each other, they fight, infect her husband has bitten her several times, my sister chose to tolerate all these initially, infact she toke her husband to a psychologist/ marraige consultant too but he never change.
in the year of 2004 he again bit her badly, she was affired and she from then onwards my sister don't stay with her husband . unfortunately she don't have any prove of these things, (like police report or dr. report) except those bad and horrible memories.
she come out with her 1 yesr old child. they were not communicating with each other and she was decided to take divorce but may be after 2 years again they start communicating with each other my sister again give another chance to the marriage.. but she never get the confident to go back to hooghly to stay her husband and inlaws.
she stay with her son at kolkata and her husband stay in hooghly, they visit each other place for 1 day in a month or 2 month..she has tried and give several chance to the marriage but even after 12 years of marriage it doesn't work out. for the last 9 years she is the only parent who take care of her son alone though her husband used to give some monthly expence for his maintenance and that's the only things he do as a husband and a father. but he never takes any responcibility of the boy or my sister.
now she has decided to come out from these bad marriage and he got no problem with that but the problem ariese with the custody of the child. as the child is 9 years old, and for him his mother and father both are important and loveable. we cant disclose him what his father did .., presently my sister is working as a teacher and she has enough financial support from the parent side to take care of her son. she want to comeout from this relation but with the custody of the child.
please guide us how should we process the divorce case.
can her husband claim the custody of the child , where the child stay with her mother for the last 8 years, and his father only visit him once a month?
if his father fill a case for the custody of child will the fact that he used to gave same monthly expense can be used in his favor?
over all whats the marit of the case ? my sister is not ready to take any kind of risk regarding the custody of the child.
