Legal Question in Family Law in India
Hi. I am from Tamil Nadu and settled in Chennai now. I am a Hindu and got married by religious rites in 2002. From the day of the marriage itself, my ex-husband and I couldn't adjust with each other. After 8 months, I started living in my house. After some reconciliation, we resumed our marital relationship. A male child was born to us in 2004. In 2005, I left for my house. Till 2008, my ex or his parents did not even try to see the child. In 2007, they asked for divorce. In 2008, divorce by mutual consent was given. In the same year, after obtaining divorce, the ex filed for custody but estopped. The court dismissed the petition. In 2009, he filed restoration and it was allowed. But again, he failed to appear before the court.No representation either. So the petition was dismissed again. I live in Madurai. About 1 year ago, my child and I left for Chennai, where I am presently employed and own a house. My child is in a good school here. But in January 2013, my ex again filed for custody in Family Court, Madurai. He has filed a false petition. In it, he says that I have abandoned my child with my parents in Madurai and that I am living a wayward life in Chennai. But in the same petition, he says that he came to the child's school (in Chennai) to see him in December 2012 but he was denied visitation by the school because I have given strict instructions to the school as to not show him the child.Everything is false.
My questions are:
1. How can he file a false petition like this?
2. In the petition, he says that I have abandoned my child with my parents in Madurai. But then he says he came to see the child in its school in Chennai. I am not living a wayward life. In fact, I am living a disciplined life here. I have a job and I am supporting my child all by myself by working hard.
3. Is there anyway I might lose custody?
4. Can I press harassment charges against him?
5. Is there any penalty for filing a false petition like this? Also, he says that only he and his parents are in his house. That is also untrue. He got married to another woman in July 2012.
Please advise.
2 Answer from Attorneys
You have a good case, you can defend and attack also - legally. Explain all the facts to your lawyer; who can then defend you appropriately.
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