Legal Question in Family Law in
I am 24 married, having a 4yr old son. 5yrs of my marriage have been completed & from that 5yrs since 3yrs I am staying with my parents along with my child.
I got saperated because my husband use to abuse me physically, mentally. when I left him on sep 22 2008, I took my child along with me, In this 3yrs he use to come & meet my child. During my marriage my parents gave me 12 tolas of gold & spent about Rs,5lac for the marriage ceremony. He took all my ornaments on the 2nd day of our marriage saying I ill return it next month, I did not even receive it yet. As Im the only person earning in my house I could not afford an advocate. But suddenly he sent me a notice saying that Im not a good mother to my child, alleged that Im characterless,etc, My child future wont be safe with me. So now he wants the custody of our child to him. I want to Know will I have to leave my child to him? How can I keep My child with me? what are the actions I have to take against him?
2 Answers from Attorneys
you need a lawyer to defend yourself and child. if you can't afford lawyer fees you can contact legal aid cell
You may not have to leave the child IF you are a good mother and raising your child providing him good care, love and affection, education and surroundings. The Courts will decide custody issue keeping in mind the "welfare of the child" and not as per statutory rights of the parties. You may consider sending a reply to his notice. If you need our help, you may send us a draft reply by e-mail. We will provide you adequate legal guidance without any charges.
Wish you good luck.