Legal Question in Family Law in India

i was married to my husband for 8 months but unfortunately due to his schizophrenic nature and behaviour our marriage did not last long and as per the muslim law i got a divorce from him twoo months ago.I am about 8 months pregnant and will deliver the child by the end of niovember,my questions are as follows:

at what age can he demand custody of the child?i am currentlt staying with mmy parents and will continue to do so in near future.also i do not want to hand over the child to him as i know that he will not do any justice to it.

can he file a case rite at the birth of the child?

does he get visitation rights rite from the birth of the child?

what is the likelyhood of him getting the child if i take maintainence or of i dont take maintainence from him.please advice.


Asked on 11/01/10, 11:50 pm

2 Answers from Attorneys
Rashmi Bhatia Sangare Private Practise

As you have already taken divorce, the courts considering the mental status of your husband would not generally grant custody of your child. However, visitation right which is also improbable may be allowed by the court but subject to your presence with the child.

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Answered on 11/02/10, 4:12 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i don't think any chance of your husband getting custody. for visitation rights the court may allow him.

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Answered on 11/02/10, 5:10 am


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