Legal Question in Family Law in India

Divorce & Child Custody

Dear LEGAL ADVICER

I ,My Elder Brother having Wife & Son(2 & half yrs).

My Elder Brother Stay in Dubai,He get leave after every 2-years from his job.

My Bhabhi(My Elder Brother's Wife) never respect,love my Elder brother.My Elder Brother on 12-feb-2000.After Marriage Bhabhi(My Elder Brother's Wife) start fighting,arguing with my brother daily.when My Brother left for Dubai.

Police has made statement that Bhabhi has left My Elder Brother's house on september 2001 by her own decision.Because she has Argument & fight with My Elder Brother.she has no problem with My Elder Brother's Family Members,Left child when he was 10-month old now taking back Child at her mother house.)statement was duly sign by Bhabhi & her Uncle(Mama) & from our side My Elder Brother & Myself.

Note:she spoken wrong in police station that she has fight with MY Elder Brother in sept 2001,But at that moment MY Elder Brother was in Dubai

We Had given her all shreedhan,material,thing to her & taken her,sign,her uncle & father's sign on stamp paper about shreedhan taking back to her house.

1)How can we go My Elder's child Custody?

2)How Can We go for My Elder Brother's Divorce with his wife?

Thanks in advance.

I will Appreciate your Early Reply.


Asked on 7/16/03, 4:09 am

1 Answer from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: Divorce & Child Custody

Dear brother,

First of all clarify, where are you located- in india or abroad, because the law of the land is a concern. In Indian Hindu law is very much in favour of women particularly till the minor attains the age of 5 years. But there are exceptions to it. The lady can file a case for Custody of the minor under Guardian Ship Act, but that can be defended and it is not ultimate, that she is likely to succeed, on the facts narrated by you.It is not clear from your version, whether she is intending to take away the child to her mother's place or she has alredy taken him away.If the child is in custody of his mother, we can file claim for his custody. Regarding his divorce, he can file a divorce petition in court and obtain divorce from her on the ground of desertion and cruelty apart from other legal grounds. Kindly detail all the facts to me for proper and detailed reply on my email id- [email protected] or call me on my mobile on 9811062868.

Regards,

D.M. Bhalla, Advocate, Delhi, India.

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Answered on 7/16/03, 9:29 am


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