Legal Question in Family Law in India

Custody of minor daughter

I am a 31 year hindu girl who got married to a hindu boy on 19.02.07. I found out after marriage that my husband had been a heavy drug addict about 6 years back and both his brother and sister in law were divorcees. His father too committed suicide by shooting himself under mysterious circumstances. I decided to try and workout my marriage and conceived 1 month later. He forced me to abort. When i conceived again i went through with the pregnancy. He sent me to my parents house for my delivery and thereafter has just abandoned me and his daughter who is as of today 11 months old. I filed a maintenance petition in the high court and have been awarded 30000 a month as interim maintenance. Now suddenly he has filed for custody not because he is interested but because he does not wish to pay. He is accusing me of being an alcoholic and a negligent mother. My income is approx. 20000 a month. Added to that is the maintenance he has to pay which makes it around 50000 Rs. His income is around 75000 out of 30000 has been ordered by the court that he has to pay as maintenance. I wish to know that with his history of drugs and bad background can he get the custody of a 11 month daughter whom he has never lived with???? I am very scared..


Asked on 4/07/09, 7:12 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of minor daughter

There is hardly any chance the court may award him custody of 11 months old daugther if the child is already living with you since birth. He may at best get visitation rights.

However, the custody orders are amenable to change with any change in the situation. He may need to prove that you are an "UNFIT" mother for raising the kid. You may need to talk to yourself and find out if you are a "fit" mother or an "unfit" mother for raising the child.

You have not mentioned who care for the child while you are away for your job ?

You may also be to be careful for making suitable arrangements to arrange "care-giver" for the child while you may need to go out for your job.

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Answered on 4/07/09, 8:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Custody of minor daughter

Never. Even if he was a reasonable man he would not be given custody of such a small 11 mnth old daughter.

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Answered on 4/07/09, 9:15 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Custody of minor daughter

HELLO

GOOD EVENING

No in this case the custody cannot be handed over to the child of 11 months in any case.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

IF ANY FURTHER QUERY MAIL ME.

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Answered on 4/09/09, 7:11 am
Nandita Haldipur Haldipur Associates

Re: Custody of minor daughter

genearlly cusotyd of such a small child is not taken away from mother. You can prove his past adn facts to show that it is not in the welfare of the child for custody to be given to father

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Answered on 4/14/09, 3:21 am


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