Legal Question in Family Law in India

child custody

hi,

im a 26 year old female who just went through a divorce due to cruelty by my husband ( abusive). before the divorce, my ex threaten me to give him our son or else he will ruin my entire family as he is very influential and wealthy. i did not ask for child custody then as i was in fear and now that the divorce is final, he doesn't allow me to see my son. my son is 1 year old and he needs his mother. im a citizen of singapore and my ex is an indian. i wanna know, can i fight for the custody of my son now? how should i go about to file the case to get my son. im very depressed now and i need my son badly. please advise appropraitely what steps i need to take. im just afraid he will win the case as he is wealthy and influential.


Asked on 3/13/08, 3:09 am

3 Answers from Attorneys

Vivek Mapara Vivek N. Mapara

Re: child custody

In india , any infact has to be under custody of mother and not father. Because a infant requires her mother more then father. You really have good case, to take back custody of your child.

In case you get any sort of threat, then immediately complaint police, or megistrate, or even high court, to give your family protection.

Before law no body is influential or powerful, every one is same, so keep hope upon the judiciary, and fight for your right.

In case you need any legal assistance, feel free to contact

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Answered on 3/13/08, 5:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

You are entitled to seek custody of your one year old son provided the court finds you comparatively more suitable than your husband to take care of the child; normally the custody of a child below five year is given to mother.

the courts are free from fear and influence of wealthy people; However, adequate arrangements for security to a person like you are available in India.

All I can say is that you have a good case for custody of your child provided one proceeds carefully and diligently.

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Answered on 3/13/08, 4:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

for a more informed opinion on the subject, we need to make an analysis of yours and that of your ex full details about social, educational and professinal background. you may send me a detailed e-mail.

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Answered on 3/13/08, 4:43 am


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