Legal Question in Family Law in India

Dear Sir,
my question is most urgent. My sister has one 6 year old child and she leaves with us, as his divorce case and child custody case is going on in court from lst two years. Her husband and his family were always ask her for dowry, and her husband didn't do any job.Judge has allowed his husband to meet his child in last Saturday of every month for one hour. Now her husband has filed an application in the court for child custody for at least 15 days during the summer vacation of the child which will begin from 10th may 2012. Please guide us what to do. We don't want to let him take our child. Our next date will be in next month. Please guide us.

Asked on 4/28/12, 9:05 am

5 Answers from Attorneys

ranganathan raghavachari R.Ranganathan & Associates

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You oppose the application stating that husband is not working and you are going on vacation during the summer holidays.

Answered on 4/28/12, 9:21 am

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Fca Prashant Chavan Expert Edge LLP

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28.04.2012

Dear Sir / Madam,

After marriage, a daughter has to live with her husband only, especially when they already have a daughter from their marriage. It makes absolutely no sense for you and your parents to shield and shelter your sister in her maternal house. For how long will this go on ? What will your sister's future be ? Court will give dates after dates, and you will be harassed by the Advocate guiding you on the divorce at the Court all the time, the ruling will never be forthcoming. Even if your sister ultimately gets divorce, will she remarry for her daughter to have a step father ? It makes absolutely no sense and makes matters worse. Think over what all I am saying, be wise, guide your sister to reconcile and compromise with her husband and her in-laws, and accept her husband and his parents the way they are and withdraw the case. That is the best solution to the issue. Just out of curiosity, it would not be out of place to find out how many advocates / lawyers guiding you on divorce have themselves had a divorce.

You can mail me for further on-line legal advice at [email protected]

Regards,

Answered on 4/28/12, 9:30 am

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