Legal Question in Family Law in India
Iam married 11 years ago and i got a ten year old son,one and half years back I been to UK for my career. from then my mother is taking care of my kid and 4 months back my husband who is currently working in Indian army came and took my son with him to delhi and started harassing him. what can i do?
5 Answers from Attorneys
your mother needs to file a petition for custody for herself and on your behalf in Delhi as the child at present, is residing in Delhi.
Where are you now ? The legal opinion given here in above is mis-leading and wrong as your mother has no right to claim the custody of your child from his father. Are you guys separated or divorced ? If not then it'll be very difficult for you to get custody of your child from your husband.
You may file a petition seeking custody / guardianship of the child.
the contradictory opinion at No. 2 shows that the counsel did not apply his mind and should have peruses the law before replying. the father took away the child from the custody of your mother. she has the right to file the custody for herself and on your behalf as you in UK. the court will decide the custody petition considering the welfare of the child. the custody of the child may even be given to material grand mother if the welfare of the child lies with her.
file a case for custody of your son
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