mishra adi (efg) 19 April 2013

Son custody

i got married in january 2008....since the day i reached my husband's house i was asked for money as i earned more than my husband.......on the pretext that they married even though i was taller and heavier than him asi had money.....than there tortures started threaetening to leave the house....... i got preganant they never attended me a dropped me to my parents house and in laws never visited me pre and post pregnancy.....and husband started extorting money on name of my child and pride...somehow whan my child turned 3 mnths i went back to my husbands house but to return 3 days later,.... when they held captive my son for money my father in law specially....i move out of that house leaving behind all my things given during wedding.......now its 3 years i m living with my parents and i am a gazetted officer with central govt....earning good salary....now he keeps on threatening me that he would abduct my child or fight for his custody.......but havent done so yet...never has he tried to contact me or meet my child.

on top of it he meets my distant relatives that he wants a compromise...but never comes to me......

i want your advise can he claim my sons custody ...i m ready to divorce him and need no money just i want to gret rid off that cruel man and his father who can do anything for money

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2 Replies

stanley (Freedom) 19 April 2013

Custody Matters takes years to settle in court . He can ask for custody but the court would decide based on welfare of the child .As the child is with you it woudl be difficult for him to get custody and since you are financially strong and the options are more on your side . But visitation would be granted to him at any cost if he seeks for the same .

As for Divorce there are certain grounds and those have to be proved and it takes years this is the only option for you . alternatively you can file for mutual consent Divorce but as you say your in laws are greed they will ask for a certain amount from you to heed your advise of MCD and it gets over within a period of 6 months .

After a long time i am seeing a lady not interested in Alimoney,where as most of the posts i see in this forum they are after maintanence or after the husbands proprty . But to tell you the fact you would not get it since you are a working women but you have a right to claim child maintanence as it is co-extensive .

Adv k . mahesh (advocate) 19 April 2013

the case is very interesting

even after being a government job you are facing humiliation in you in laws house is heart warming

legal point you can file for divorce and for mutual grounds it will take minimum 6 months and you will succeed with the child at your side. make a best out of life experiences and meet a local well versed lawyer and main point should be child custody

being a govt. job holder you would be benefited in getting quike response and also legally child custody will be mothers side