Legal Question in Family Law in India

Child custody

Hi ,

I am a married woman and have a 6 month old baby. When I got engaged my in laws promised me to be with my husband who was working in Dubai but unfortunately before marraige he had to leave the job. We got married and he left toDubai to find another job meanwhile I was here in Mumbai with my Mother-in-law, who tortured me...and always insulted me and spoke against my Parents fnally my Husband shifted to his brother in Bahrain in search of Job and I too joined him there. There I was always Isolated by my brother in law , his wife and my Husband. Three of themnever involved me in any of they discussions or plans. He couldnt get job there so we came back to mumbai here again is mom started troubling me insulting me and faultly accusing me and emotionally blacmailing me. Even though m Husbad knowseverything he cannot say Anything becuse his Mom is Hard at hearing and he feels bad and since she is alone he feels symphathy for her which she takes advantage. He clearly says he cant leave her and he akes a cold stand. If I plan to separate can I get the custody of my Daughter?

Pls Advice.


Asked on 10/22/05, 1:46 pm

3 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: Child custody

Everything depends on what exactly do you want? Do you want to get separated or divorced?

In any case, whether you want to be divorced or seperated, you can get custody of your child, as well as manitnance from your husband. In any case, you will have to initiate legal proceedings against your husband to get any releif.

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Answered on 10/24/05, 3:25 am
Ankur Mittal MITAL & MITAL Advocates

Re: Child custody

Dear M'am,

U have a right to obtain custody of the baby to the exclusion of your husband [for the time being, since your baby is only 6 months old]

You can also file case claiming maintainance from your husband-- its your legal right

Kindly consult a matrimonial expert [lawyer] at Mumbai, who would guide u further on the issue.

For any further assistance, you can to me.

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Answered on 10/23/05, 2:49 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Child custody

You can get the custody of your child, and as far as the other reliefs sought for by you is concerned, the same shall depend on the facts and circumstances of the case.

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Answered on 10/27/05, 1:19 am


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