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major amit (major)     01 May 2015

Dowry and violence case

Hi

Iam a major serving in army got married in 2010 since then wife didnt stay with me for more then arround 10months in total.She is not staying with me since Jan 2013 ,in view of that initially i submitted section 9 petition but they refused to acknowledge the summon and after trying for four more months i withdrew it and filed divorce petition in Feb this year after getting the summon this time they couldnt ignoure it and came to me for few days to stay with me yesterday she came along with her parents and forcefully entered in my house and abused my parents who came to stay with me four days back and they threatened me to withdraw the divorce petition when i refused it as she and her parents earlier also hummiliated me at many occasion and manhandeled me on 19 JAN this year , she lodged a complain to poice that i have asked for doawry and beaten her up she had shown some marks i dont know from where she got them.I have a 18month girl baby whom i love more then myself and they are using her to torture me i cant live with her after all this and decided to go ahead with devorce now...but iam also hurt with my girl daughter abscence i want to have my daughter cause she is insane and earlier also she tried to jump out of the car one day and he doesnt love my daughter that i know , i have seen her behavior toward daughter wt shd i do pl guide me , as the only support i have is of truth...pl let me know if any other info reqd



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2015

Dear Amit

file an application before court where the divorce case is pending u/s 26 of Hindu marriage Act-1955 for child custody.

 

or file a child custody petition before family court under Guardian & Wards Act along with Hindu Minority & Guardianship Act.

 

Contact a lawyer personally or over the phone it will be better.

major amit (major)     03 May 2015

Dear Mr Nadeem,

My divorce petition is in gurgaon court my wife is staying with her parents and child at kurukshetra can i file an application for custody us 26 at gurgaon court or i have to file it at kurukshetra court where my wife staying....

 

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

The child custody case can be filed only at the place where the child is residng.  Since you are not able to life with her anymore, you may decide to go ahead with the divore case and dont give in to any pressure from her side including the emotinal blackmail holding the infant daughter as hostage.

major amit (major)     05 May 2015

Thanks Mr  Kalaiselvan, 


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