Need some guidance please

Dear, Better file a divorce and set yourself free. I am sure The kind of person he is, court will not allow child custody to him. You can keep the child upto 5 years, but there is a landmark SC judgement wherein keeping in view the welfare of The child he was allowed to remain with the mother. Adv kapil chandna, 9899011450

desertion is a ground of divorce. To establish desertion, you must firstly be able to show physical separation for at least two years. Usually, the deserting party is the spouse who physically leaves the family home. However, if your spouse behaves so badly that he/she effectively forces you to leave, it is your spouse who is the deserting party, not you. In this situation, you could probably get a divorce on the basis of your spouse’s unreasonable behaviour, if you and your spouse prefer this option. 

Up to age of 7 years you can keep the child as per law. File a divorce case and seek an injunction restraining your husband from visiting your house. Rajendra Babbar Advocate.

You want son, but dont want husband.

You wanted his sperm but dont want him.

You dint know about his bad habits before marriage, but now you know them.  Why cant

you ask him to leave his bad habits?

It appears that, you dont want to be under any kind of control.  The way you are saying "I have my own small designing business and confident enough to take care of my son." itself shows that you cannot be controlled.  If that were the case, why did you get married in the first place, spoiling a mans life, and also spoiling your own kids life.

If you dont have any proof of domestic violence, then you claims for divorce will fall flat.

Raising a kid does not need just money, it also needs a father.   You out of your ego, might 

go for divorce, and later on feel the need for a father for the kid and remarry again, but what you forget

is, you will spoil the childs life, divorce will have a very bad effect on the kids mind.

Think again before approaching this matter legally, once you start legal proceedings, it will not only consume your money, but time also, contested divorce will take 7-8 years to get over with, if your husband does not want to give you divorce, you cannot get divorce, 

First to stop him not to contact u.  For that file a DV case seeking restraint orders.  The orders will restrain him not to contact you physically, telephonically, by snail mail or email or by any other mode. It also prohibits him to stalk you or to visit those places where ur business runs etc.  After passing of such order if he violates it, by a simple affidavit from u, he will be put behind bars for one year.  So, don't take his nonsense any more.  For divorce file a divorce petition under cruelty ground.  Child custody will be with u. At this moment, u needn't take any action. Taking child abroad his signature is required. When such occasion raises, if he does not agree, move appropriate application in pending divorce or DV case for court direction.

The better option is to file Judicial Seperation.  Since your husband is coming to home in drunken condition and harassing you, you can avoid him at present for the time being.  Then depending upon the result of judicial seperation, you have to file regular divorce petition.  You will get the divorce easily.  You will also get the child custody easily, since your husband is a drunkard.  No Judge will grant child custody to a drunkard who do not have any responsibility of his family. 

 

I slightly disagree with Helping hand.  The lady was in very desperate and frustrated stage and out of it she might have told that she want to live seperately with his son.  I think there is no wrong in saying that.  Instead of accusing the lady, if possible the helping hand can scold the husband and ask him to mend his ways.  Nobody knows what is the fate of marital life much before marrying.  No wife intentionally marries a person when she knows that he will become a drunkard later.  The helping hand should observe that inspite of all the harassments, still she is saying that she do not want to claim even a single pie for permanent alimoney and do not want to file false cases of 498a.  By that you can understand how faithful she is. 

 

1. How I can keep my son with me ? On what grounds ? I have my own small designing business and confident enough to take care of my son.

A. You will get child custody, but your husband has a right of visitation of your child. You cannot stop him from that.  If you can convince you husband and get an MOU for not having visitation right and then you can go abroad.

2. Is there any possibility of keeping him away totally from us- that is, I do not want him to keep visiting my place under the pretest of meeting our son.

A.  Answered above.

3. If at all I go abroad and work, can I take my son along with me - so that I can keep him away from him ? Can he lodge any complain stating that I cannot take my son?

A.  Answered above.

4. Until what age can a child stay with mom as per the law?

A. As per law the child will be in the custody of mother upto 5 years and after that with father.  But it has been brushed out by SC Judgement where the Judge said that Welfare of the child is the paramount and it prevails upon all rules and acts.  It is cent percent sure in your case you will get child custody.

 

For further clarifications you can call me 7893011777 or ravinder2345@gmail.com.

 

@Helping Hand - You are a very Senior member in this group and I always respect your advice.

Here the Guy is drunkard and abuses his wife every day.

What kind of impression that gives to the child about his father.

It was mentioned he watches Porn and has drugs.

Do the Child still need to grow under that atmosphere?

Most of them hide many things before marriage, either from the boy's side or girl's side. Now a days who is telling the truth? Or there any Honest and Trustworthy persons.

They think everything will get adjusted once they get married. Everyone has there own selfish reasons to get married.

I am not advocating the women(Original post) is ....but given the situation the Women and child should be protected.

https://www.trust.org/item/?map=factsheet-the-worlds-most-dangerous-countries-for-women

4. INDIA

Female foeticide, child marriage and high levels of trafficking and domestic servitude make the world's largest democracy the fourth most dangerous place for women, the poll showed.

* 100 million people, mostly women and girls, are involved in trafficking in one way or another, according to former Indian Home Secretay Madhukar Gupta.

* Up to 50 million girls are "missing" over the past century due to female infanticide and foeticide.

* 44.5 pct of girls are married before the age of 18.

I think the learned advocates have given lot of opinions to your query, you may follow them or consult your own advocate to clarify all the issues.

Dear all, Thanks a lot for your valuable time and patience - it sure solved a lot of my doubts ! but one more doubt pls -

Is there any option where I can stay separately from him, without going for a divorce ? My husband constantly keeps saying that he will take his life if I go for a divorce. Well, I do not know what to make out of it- is he trying to con me sentimentally or some kind of threating stuff? Whatever the case be, its difficult to go back to him. I do not want to live with him but that doesn't mean that I want him to die. Its just that I want to stay separately and of course safeguard my son from his dirty behaviors. What do it do?

I forgot to mention this - my marriage is not been registered as of yet. Its almost 3 years now. Since, they hid a couple of things from me before marriage can I term this as an void one ?