quesCan husband get child custody if i change city due to work?

I am currently living separated from my husband from one year, and i have a one year old daughter. if i change my city for job than in any case can my husband claim for the child custody? reason for living separate are - domestic emotional violence, my mother in law and husband used to scold me. my husband had an affair after marriage and he used to spend money from my credit cards and with no support of him.

  • ansYou can file  a police compaliant and subsequently proceed with a case under section 498A.

    You can file a case under domestic violence seeking right to residence and compensation for mental harrassment.

    You can file a case under section 125 CRPC (maintenance)( however since you are working so , you may not be awarded maintenance but you can get maintenance for your child).

    You will have to file a under Section 6 under Guardianship ward act thereby seeking custody of your child. After  examining  the paramount welfare interest of the child, the court will award custody of your child to you or your husband

    - In case you intend to file divorce you can do the same by filing divorce petition under Section13(1) of Hindu Marriage Act ( assuming you are a Hindu)  on the grounds of cruelty. This procedure is longer and time consuming, so the other option available with you is to file mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seeking divorce on mutual terms and condition. A joint petition signed by both parties is filed in court under said section. In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
    6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.Finally Divorce decree will be granted as the Hon'ble Court may deem fit. This process of divorce is faster and less time consuming

  • ansThe custody of child below 5 years of age and paticularly I girl child normally goes to mother. Further if we can satisfy court that you shall not interfere in the visitation of child if the father is ready to pay your travelling expenses, you will get custody subject to visitation to father. Further you and your daughter are entitled to maintenance. Therefore a Domestic Violence complaint shall be filed claiming interim maintenance.

    Advocate Ashima Puri

      Saket District Court, Delhi

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