Legal Question in Family Law in India

Re: seperated wife, needs custody of her children

Before any definet reply is given some more information is required. Are you and your husband Hindu and were married under the Hindu marriage Act 1955, do you live in India, did you get married in India. However presuming you are Hindu and were married under the provisions of this Act, the following may answer the querries you have asked.

a)while prental abduction of their own children is an offence under the American laws, it is not so in India. So long as you two remain married your husband can keep the kids. Once you institute a divorce proceedings you can then apply for the custody of the children. Depending on the ages and the sexes of the kids the court can grant custody of the children. Normally, if the kids are minor and below five years the custody inveraiably is awarded to the mother.

b)As regards your involvement with your male friend, Adultery is a ground for divorce, but one act of discreation is not considered as living in Adultery under the India laws. So that should not bother you much.Hope this gives answer to your questions.

However, if you give me some more details of the facts and the circumstances of the case I would then be in a better position to advise.

Gp.capt OP Taneja`

Re: seperated wife, needs custody of her children

Simply put, as you are earning reasonably well to put body and soul together, you will get the custody of your children under the custody laws. Normally, children's custody is given to the mother, if she can take care of them. Your husband's history of drunkenness and physical abuse will come to your help. You can also obtain divorce from your husband, if you can establish cruelty. Your husband should not be given any license to blackmail you. On act of adultery "is not" living in adultery, hence, he will not be able to make much use of your letter admitting adulterous relationship.

You have a reasonably good case on merits. Women are usually favoured in the courts. Do not panic, and just get on with getting your children with you.

Re: seperated wife, needs custody of her children

I have seen the replies/advices given by my learned colleagues and I agree with them.

In short, your remedy lies in an action where you apply for a divorce and custody of the children. I am sure you may succeed, since you have a good case.

Re: seperated wife, needs custody of her children

you can get divorce from your husband on proving the desertion and toruture. as regards to the children please inform their age and also their sex. Normally the courts will allow their children in their mother's custody.

thanks and regards,

Re: seperated wife, needs custody of her children

If you are in New Delhi, I can help.

Regards,

Rakesh Taneja

www.tanejalawoffice.com