Legal Question in Family Law in India

Child Custody

Dear LG,

Hi!

I'm a 34 yrs old working mother of a 6 yr old boy. I've been divorced since past 3 yrs from my ex-husband on grounds of cruelty from the Dubai Court as we both are residents of UAE since past 5 yrs. My son was staying in India with my parents since the age of 1 & 1/2 yrs & now that i can sponsor him I want to bring him here. But the problem is that his passport has expired & the PPt Ofc is asking for Legal Custody papers for renewing the ppt. My ex-husband is ok to give me custody but doesn't want to pay any past/future child maintenance/alimony. I agreed with this condition but the UAE law says the father has a right to visit the child & also the obligation to pay for the child's upbringing. Now the case is pending due to this hitch. Kndly advise what will be in the best interest of my child. I don't want my son to see his father as he is a very corrupt has psycho tendencies.

Pls help & advise I m terribly depressed due to this waste of time.

thanks a ton for your good work.

best regs,

Shubh


Asked on 11/01/07, 7:23 am

7 Answers from Attorneys
Amit Shukla AS and Associates Legal Services

Re: Child Custody

Pls contact personally.

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Answered on 11/01/07, 9:50 am
Amit Shukla AS and Associates Legal Services

Re: Child Custody

Pls contact personally.

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Answered on 11/01/07, 9:50 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child Custody

Please contact personally alongwith the details. Professional charges are applicable.

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Answered on 11/01/07, 11:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child Custody

Dear Shubh

a) It is very very difficult to opposite grant of visitation rights to the father.

b) You have not mentioned about any court order about legal custody of the child.

c) The child's best interest is to see both of his parents - mother and father. any attempt to deny access to one of the parents is always detriminental to the interest of the child.

d) passport can be renewed without custody order and without maintenance order.

Sudershan Goel

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Answered on 11/01/07, 12:53 pm

Re: Child Custody

All the court papers and the earlier divorce petition are required to be examined.However, as per law child has an independent right of maintainance etc.Contact with details.Professional charges are applicable.

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Answered on 11/01/07, 1:13 pm
rajeshwar sharma rajeshwarnathsharma

Re: Child Custody

Father has every legal right to see and visit his child

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Answered on 11/08/07, 11:08 pm
G. M. Gupta gmguptaandassociates

Re: Child Custody

it would be better that u contact any lawyer in your area for this.

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Answered on 11/04/07, 8:41 am


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