Legal Question in Family Law in India

custody of 1.5 year old son to mother.

I am a mother of a 1.5 year old son. I and my husband are not separated but adjusting with him is becoming tougher due to bad habits he started asking me for divorce a few months after booking 2 flats. I feel it is for money eventhough they don't tell it. I gave him a chance thinking he changed but after the baby was born he has become worse with his drinking, smoking and other habits. some days he cant even stand and has even fallen down with baby. He works in shipping without any fixed timing and mostly the entire night. I have been taking care of the baby full time with help from my parents when in India. i am a gold medallist M.Sc., M.Phil. and was working on my Ph.D. when I got married. He didn't let me work or study further at all. I have been adjusting with him for the sake of the baby but now its tough as he doesn't even consider me his wife. He doesn't help me with the baby. Even if i want him to hold baby while i cook he asks the maid to do it. He has an extended family with a mentally deficient and polio affected uncle whom his mother takes care of. He has to take care of 6 members in his family including me and baby on his salary. I am also worried as they are bothered only for my property and not for me or my son. I am really worried as iIam sure my husband will be a bad influence on him. What are the chances for me to get custody of the baby for all times. I want a divorce but I am stopping for the baby's sake. Long time stay after 5 year will be a bad influence....please help me...


Asked on 4/11/14, 8:05 am

3 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

the issue in your marriage is his drinking habits and the fact that he is not communicating with you or the child. where are you staying is it possible for you to approach a marriage counsellor?/. you can seek a divorce any time and will get the custody of the child too but i feel the stage is premature rest you are the best judge. contact me at 9312411481.

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Answered on 4/11/14, 8:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may file for divorce and interim child custody. The court will consider all relevant factors and may award your child custody.

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Answered on 4/11/14, 10:22 am
prasad patil

Dear client generally custody of child remain with mother up to his 5 years age. After that u can file for permanent custody and will get it because of yr husband bad habits. For any legal help call me on 9422611385

Adv prasad patil

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Answered on 4/12/14, 1:35 am


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