Legal Question in Family Law in India

Respected sir/ madam,

I am a 37 yrs old female married since 2n half yrs.

It was an arranged marriage.

I have one son aged 1.3 mths.

my query is w.r.t my marital issue.

I got married in 2010.

Though my husband informed me after 3-4 formal meetings that this was his second marriage..I still went ahead n married him as I thought him and the family as genuine, cultured and caring people.

But to my horrific surprise, right after my honeymoon, I started receiving very uncultured, undignified and whimisical treatment from my mother in law, unmarried 50 yr old sis in law..and eventually from him as well.

Still in two minds, I went ahead with a planned prgnancy in march2011 and delivered a baby boy.

Even during pregnancy, post delivery and till today, my husband showed me ZERO concern, care or affection. He never supported me physically, emotionally and not even financially.

I am a doctor, but not started fully working as my son is too young.

Till my delivery I was taking care of my own expenses..but right from delivery, hospital fees, till today, for my personal needs, my father is depositing money in my account and supporting me financially.

I find that there is no compatibilty match between me and husband at any conventional or unconventional ground.

At present I am just planning to go for a rental house nearby and start living seperately with my son as regular fights and bad treatment from his other people is causing mental disturbace in me..which eventually will affect my child.

Although I do not wish to serve the ties of them and my son..as most of his folk stay in nearby visinty.

My queries are as follows...

1. what if he does not allow me the access to child?

Can any leagal documentation for the same be done prior?

2. If I go for divorce what are the chances of child's custody in my favour?

3. How much time it takes for mutual divorce and what is the leagal procedure for it?

Kindly guide me in all this issue.

Thanks and regards,

Mrs.Roja


Asked on 4/05/13, 2:30 am

4 Answers from Attorneys
prasad patil

dear client if u will go for divorce then custody of child remain with u. court will not grant child custody to father if child is below 5 years old. if u go for mutual divorce then it will take six months to get divorce. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 4/05/13, 5:17 am
Jayesh Desai Jayesh Desai

Divorce with Mutual consent is the best and fastest option. Normally court would grant custody of child to mother, as young child needs mothers' care more then fathers.

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Answered on 4/07/13, 10:02 am


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