Legal Question in Family Law in India
Dear Shaji,
Thanks for your immediate, my husband is Hindu and I am Christian, where my husband got converted and the marriage took place under Christian Act. My only concern is my son, wouldn�t be interested any kindly of financial claim or anything.
Also please make me understand what is judicial separation, will I be able to claim for my son under this law
Myself and husband with 2 year old kid lives in dubai, me and my husband has decided not to live together but dont want to go throgh cases. But in strict urge of child custody, now my husband has started threatning me to take my son with him any time he wants.Kindly advice what can I do.
You have not mentioned the Religion to which you and your Husband belong to, whether both of you want to get Divorce, etc. based on the same only it would be possible to advise you in a proper manner. However it may be noted that the Father is a Natural Gaurdian under Hindu Law, under Muslim Law also Father would get custody of the Child. However, if U go for settlement then you can get custody of the child. You may revert with the required information.
1 Answer from Attorneys
It would be prudent to stake a Monetary Claim on your Husband, so as to pressurise him to agree to your terms of Divorce. You can then insist for the custody of the child. Moving the Courts at Dubai would get you a faster remedy. If your Husband had legally converted his Religion on the date of Marriage to Christianity, then the relevant Law would be applicable, otherwise the applicable Law would be Hindu Law.
Judicial Separation is related to getting separated through a Court process. In your case if both of you are insistent on getting Divorced then initiation of Court proceedings either over here or at jurisdictional Court at India would be required. Over here the Courts would be more sympathetic and surely give custody of the child to you as the kid is only 2 years old.
You may note to take care of other consequent complex issues that may creep up, like changing your and the child's sponsorship, if it is with your Husband, etc.
For further clarification, if any, you may please note to mail on [email protected].
Best Regards,
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