Legal Question in Family Law in India

divorce and custody of 7 yr old duaghter

I am 33 and my husband 52. married for 10 yrs.

During my marriage he has been alcoholic and physically abusive. I am now separated from March 20, 2009

Before that, we had secured admission for our daughter in a prime residential school. In April, she joined the school wherein he paid her fees and signed the forms etc. I agreed thinking that it would give me time to get a divorce and keep my daughter away from the ensuing drama.

During her holidays from June 1 to June 25 she stayed with me in my parents house. June 25 he requested me to let him keep her for a while. not wanting to separate father and daughter, I agreed to the same. In the time she was with him, he has been making her call me up and forcibly made her talk abusively to me like 'mom, u are a prostitute. U are a bitch. I hate you. I will never come back to you.'

He also burnt her school books and made her say that she will not go back to school but will live with him.

However, he dropped her in school yesterday and when i went to see her in school, he raised his hand on me in public.

I want to file divorce but worry that he may take my child away. How can I ensure my child remains safe in school and how to prevent him getting custody


Asked on 7/21/09, 2:28 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce and custody of 7 yr old duaghter

You may file a criminal case against him for cruelty and domestic violence; and also claim comepensation; you may also seek custody of your child by filing appropriate application.

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Answered on 7/21/09, 8:41 pm


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