Legal Question in Family Law in India
Respected mam/sir
I have been living separately from my husband unable to bear his mental torture.i have a girl child aged 7 years.after a gap of 2 years as i have made it clear to my husband that i do not want to live with him anymore and want divorce he is threatening me that he will file for sole legal custody of my child in court so that he can teach me lesson.please let me know if court will grant sole custody of my daughter to him.my husband is very irresponsible and cruel and lacks empathy.that is the reason i have decided to live alone separately from him.my daughter had allergic bronchitis .my husband never takes my daughter to hospital to get treatment for allergic bronchities.i am scared if my husband wins the custody my daughter life will be in real danger as my husband will neglect her sicknesss.i request you to give me advise about how i can save my daughter from my husband.
2 Answers from Attorneys
Dear Querist.
Greetings!!
The Court will appoint you as the Guardian on two counts: 1. she is a minor and too young and requires mother care 2. she is suffering from bronchitis. Your husband will just get visitation rights. Please have all your cases started and consolidated once you have decided to separate and be strategic immediately there after. IF YOU ARE NOT PREPARED, THEN TALK IT OUT WITH HIM AND PATCH UP.
Yes, it is most probable that the child will remain with you only as Mr Rajiv has rightly observed.
You must go ahead with the legal resources available with you. Threats of custody by your husband should not stop you from claiming your rights.
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