Legal Question in Family Law in India

Converted Muslim Divorce and child's possession
Dear Sir,
I am a married Sikh converted to Islam women married to a Muslim. I had to change my religion due before marriage so I could get married to a Muslim. Its been 4 years and we have a 3 yrs old son. But all these 4 years have been very grueling and full of violence. My husband has bet me a numerous times. I belong to Punjab but am currently staying in Delhi with my husband. My husband is very aggressive and abusive by nature. I have once sought help from an NGO in Punjab after I was beaten up brutally in Delhi. Things have not changed and I still am living a life of disgust and hatred. I am fed up of all this and want to leave my husband. However, I am scared of him, as he may get violent if I tell him that I want to leave him. Please let me know how can we separate and how can I ensure that my child and me are safe. I want to move to my parent�s home and file divorce from there. Can I take my son along with me? Also please let me who would gain my son's possession in an event of divorce. I am professionally qualified and working in a private organization in Delhi.
Please advice.
Many thanks

Asked on 5/04/09, 1:28 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Converted Muslim Divorce and child's posse to ession

it is advisable for you to stay in delhi as you may not get a job in punjab suitable to your qualification. you may at the same time file a complaint under domestic violence act and seek residence orders and also seek orders that the part of house you and your son are putting up, your husband cannot even enter that part. you may also get compensation for mental agony and physical beatings along with maintenance for your son. keep doing your job and let your lawyer do his job of preserving your rights and enforcing them at the right time.

Answered on 5/05/09, 2:20 am

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