Arya 25 August 2017
Siddharth Srivastava (Advocate) 26 August 2017
Ramkesh Kaushal (Advocate) 26 August 2017
1) You must get your visa extent first.
2) In your case you will get the custody of your daughter.
3) Your Husband can not file abduction case against you.
4) Its completely depends on you whether you want to continoue your married life or not.
Ramkesh Kaushal 8826802789
Adv Radhika Mehta (Advocate) 27 August 2017
| Originally posted by : Arya | ||
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Hi were you domiciled in India at the time of marriage? Where did you get married? You can stay with your daughter here.
Indian Courts generally prefer a mother for custody. If you have made up your mind to put an end to your marriage, i would advise you to file quickly as in such cases of Private Internatonal Law, an order prior in time is important. Yes he can and he most likely will. But whether the same will be considered by the Courts here or not depends upon a lot of circumstances. That depends on what you want? Do you want to put an end to your marriage? Do you want to shift to India or do you want to contest your case there itself? If you provide a more detailed query, it will be easier to help you. |
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Arya 28 August 2017
Adv Radhika Mehta (Advocate) 30 August 2017
Then you can file for Divorce under the provisions of HMA and ask for custody in the same matter. For if you file a separate Petition for Custody under the Guardians and Wards Act, the same has to be filed in the ordinary residence of the child. Since your child born in May and recently brought to Mumbai, it might be difficult to prove the jurisdiction of the Court.
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