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Can i leave to my mothers house with son without telling husband
21-Oct-2023 (In Divorce Law)
I'm a dialysis patient wanting to go to my mother's house in a far city for better care because my husband can't provide the same. I want to take my 4 year old son with me but the husband says no because he has his school and tells me that i can go alone. I don't want to leave my son with him as he hits the boy too often. I'll get him admitted in a school in the other city for the time I'm there. It is only us three living together. Is it within my rights to just pack my bags and leave with my son for my mother's house without telling him. Do i need to file an FIR first? I don't want to get a divorce I just want to get better with my son near me.
Yes you can leave house with your son. Your husband may try to physically prevent you and such case you could seek protection of Court under domestic violence act. You also have option to seek police protection. The law in respect of child is pro child welfare and health and so the same will be sile consideration in event the matter goes to Court. Generally the age of child taken into account the mother gets preference.
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Adv. Sridharan Rajan Ramkumar
Delhi | 25+ Answers
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Dear Madam, if you stay in Delhi then please take our number from Lawrato so that after necessary discussions we can guide you. Giving any answer in yes or no will not solve your purpose forever. Though you can go to your mother's house with your son but then your husband can lodge any complaint against you. Therefore I suggest you to take proper legal.action before doing anything.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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it is your legal right to get better treatment and in absence of any one to take care of your four year old child, you can take the child alongwith you. you can leave a letter for your husband if you feel so or you can intimate your husband telephonically. if you have any further query then you can contact me.
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Adv. Nitin Kumar Jain
Delhi | 100+ Answers
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