Legal Question in Family Law in India

Hi,

I am presently residing and working in Kingdom of Saudi Arabia, I was married on 17-July-2006 In Hyderabad India and my marriage was dissolved in view of ( Khula divorce ) on 17-July2009. She got her divorce while i was still in Jeddah, during my wedlock she has blessed me with a male child who is aged 27 months old now, and since she has taken khula divorce she has retain the custody of my child and never allowed me or my parents to visit of to talk to him on phone. On 1st-Nov-2009 she has remarried to her cousin brother who is an American citizen, As soon as i came to know about her re-marriage i have filed a petition in Indian family court hyderabad. To obtain the physical custody of my minor son on the ground of her re-marriage, under GPA to my father.

Its been 8 months since i have filed a case in the court, but the judge has not yet give me or my parents permission to visit or to speak to my son, every moth the case is getting delayed for 30-40 days. I was told those procedures takes time in india.

My Question is what are my chances to obtain the physical custody of my son, on the bases of her re-marriage and probably she will go to live with her husband in states . She could tell the court that she will stay back in India and take care of the child..just to win the case or it could be true as well.

Note: I never wanted to divorce my beloved wife due to circumstance and her parents pressure to send her to America she has done it. After my wife gone my only treasure is my son.

I have not married yet and i dont have any plans to marry again, My only concerns are now for the well being and welfare of my son. I rather not marry again since i never wanted to bring him a step-mother.

I would be very grateful to all who will answer my questions. Many thank in advance

zaki


Asked on 6/28/10, 4:03 pm

1 Answer from Attorneys
KAMAL GROVER

Dear Zaki,

First of all i dont understood what is Khula Divorce? you belongs to muslim or any other religion?

Further as per law, court always see the well being of the child and though child is too small therefore court will not allow the custody of the child to you very easily so better to delay this matter coz after the child will become 4-5 years then court can decide custody in your favor or in other case if the newly married boy refuse to adopt the child and your wife left the child with her family members only then it is possible.

Else you have to show great interest and some times appear himself in the court to show your curtsy toward child only then court can consider your love and affection. Though we also have branch in Hydrabad but i will not suggest you to make your case fast coz it will go against you in present situations. Rest it is upto you but there are lots of other things by which you can harass her like you can challange your khula divorce and her marriage with her cousen etc. though we usually charge consultation fee in such matters but here is a matter of love and affection so good luck.

Regards adv.kamal.grover at gmail

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Answered on 6/29/10, 10:29 am


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