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Husband is not giving daughter's custody after divorce please advise
19-Jan-2023 (In Child Custody Law)
My ex-husband and I got mutual divorced in October 2015. He had mentally and emotionally harassing me and had made me feel that I was not capable of taking care of myself and my daughter. So I had to sign for the child Custody upon one condition that if he gets married I will be getting the Custody of my daughter. This clause was mentioned in the petition but not mentioned in the final order. I did not realise it until recently. I left my family and started working and I stay alone close to my daughter from the Time we got divorced. I was and I'm still there for her everytime she needs me. Now my ex-husband is getting married to a women who is leaving her 15yr old marriage and 2 kids to be with him. I also spoke to the lady abt the condition they both are harassing me and telling me that I will not get the Custody of my daughter. My Daughter is 5 years old now. My ex-husband is not giving my Daughter the attention she needs. I want to get my daughter back. Please advice.
You may get custody of child through Court only. You have to file appropriate application. The settled law says that mother is entitled for custody of child till she attains the age of 7 years. So you may try in the Court.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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1. You have right of Custody of your daughter, since it is not mentioned as condition in the Final order of Divorce by the
2. For daughter Court in most of the cases has hand over the custody of the Child unless the mother has questionable Character or not having congenial atmosphere of the healthy growth of the Child.
3, In the present circumstances you have every right to claim the custody of your daughter by filing G&WC case against your husband seeking the Custody, it is settled position of law that, the opinion of the child will for the rationale for deciding the custody of the child, however the promote interest is welfare of the child.
2. For daughter Court in most of the cases has hand over the custody of the Child unless the mother has questionable Character or not having congenial atmosphere of the healthy growth of the Child.
3, In the present circumstances you have every right to claim the custody of your daughter by filing G&WC case against your husband seeking the Custody, it is settled position of law that, the opinion of the child will for the rationale for deciding the custody of the child, however the promote interest is welfare of the child.
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Adv. Ravishankar C S
Bangalore | 25+ Answers
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Madam in this case there is a provison in hindu marriage act and for that you have to file a petition asking for custody of child, and as you said it is mentioned in the petition regarding giving you custody in case of marriage by your husband, hence fill petition and press on that point with other facts and get the custody.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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