Legal Question in Family Law in India

You have to contest the custody of your child in Indian courts. If you cant keep your child then in that circumstance goes against you and court would give the custody to your husband.You dont have to come every month ,engage a good lawyer for matrimonial cases and i am sure he would take care of you and your case in your absence.

as a single mother, the courts would certainly understand your difficulty and any of your parent or your friend can represent you in the court. you do not have to appear in the court even after six months unless specifically directed by the court. the custody cannot be straightaway given to the husband in your absence. the welfare of the child must be seen and in case the court understands that the welfare of the child is not with the father but with the maternal grand parents, the custody may not be given to father. the courts would also understand that you are working abroad for the welfare and better future of your 14 months old kid.

26.04.2012

Dear Madam,

Divorce is the last resort when all means of compatibility between you and your husband have been exhausted, and most importantly when you do not have any issues out of your marriage.

A reconciliation with your husband is strongly recommended to protect your marital status, your own self image in Society, and crucially for the well being of your son. A single married Indian woman has no face in Society, and cannot remain emotionally and mentally stable without her husband's support for long.

Going in for divorce means inviting another "new found love" in your life, only to act as your son's step father and worsen matters even more. Find out for yourself how many advocates / lawyers you advise and guide you on obtaining divorce, have had a failed marriage themselves.

Don't unnecessarily complicate issues due to your ego. You just cannot afford to. It will only give you temporary happiness, but long term suffering. Calm down, compromise, and act level headed with your husband. If you are well off, just kick your job abroad and return back to your husband.

You can mail me for further on-line legal advice at [email protected]

Regards,

Since you are the natural guardian and being the mother has a prior right of custody, you may demand child's passport through the court and take the child along.