Divorce & Child Custody from my husband?
Due to some misunderstanding i m living with my parents from 2013 June onwards. My marriage is love and register marriage.I ve 1 year old baby, but it is nt with me.My husband took away from my parents when i was nt in my house.I gave complaint in police,but he didn't come and he sent a notice through a lawyer,in that he told he will give my child through legally.So i gave a case to Madurai High court (Haebeaus Corpus), at the time court giving us a counseling, we convinced they told me to go&live with him. To him to give my child,also to withdraw my divorce notice&to him to withdraw a case in thambaram court. Both of them withdrawn.After that he raised problems again&he told he will do a revenge for this.So i didn't go with him.Again he seized my child.This time i didn't do anything, bcoz i think he ll realize his mistake,he ll come and give my child.But he doesn't do it.I asked him to show child one time, but he refuse it.Till i didnt see my son also i doesn't know where he is.
My questions are:
1.How will get my son through legally?
2.Will I give divorce notice again?
3. When he talked with me he recorded through his mobile,so he collected voice recorder when i talked angrily.(I didnt talk wrongly, but i said like this, "keep my child safely, its enough for me. I dont like to live with u").so he told me,if u go to the court i ll give this recorded voices,so u cant get our child and also divorce from me. Is it consider as a witness?
4.All the time he blamed my parents only.I did everything but he told my wife is good,but her parents only stimulate her to fight with me.I choose my life,i do everything with my decision only,but he doesnt understand.In Madurai high court also he told like that.How can i tell this matter through legally.How can i save my parents through this complaints legally.
5.I worked as a lecturer&gave salary to him,we spend his & my money for my gynacologist treatment.For my delivery he claimed money from his office from the mediclaim insurance. But he told to the court I m only spend money for the childbirth,so she is not get the priority to take baby,also they asked about the feeding.He gave a doctor certificate she isnt feeding now.so i took this baby.He spend my salary also,but i ve no evidence,bcoz in my college they give to me not by account. In the hospital he bought everything through his credit card,so he showed the bills.How can i explain my situation without any witness for this matter.
6.The major problem arrised with us is,he doent allow me to write the TET exam to get govt job. But its my aim. He didnt allow to go to job. He doesnt give sufficient money to run a family in Chennai, so i want to go for a job. He has lot of borrows, he is the first son of his family so he has lot of commitments.Going for a job is my rights but how ll i tell him legally.
7.He kept my jewels in pawnbroker.I ve no more jewels&things(which are bought by my parents) how i get it again through legally.
8.I m living for my son only I hope you understand a mother situation,please tell me how will do legally for this problem(now my son age is 1 year&4 month old)sir.
File a petition for custody and guardianship of the child. In this tender age of child the mother is considered better person for the welfare of child. Divorce petition can be filed again. You can claim maintenance for yourself if you don't have enough income. You can claim maintenance for the child as well. Maintenance and custody of child can be claimed in the divorce petition itself.
File Mutual Consent Divorce @ Rs. 25,000/- only
- 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Property theft now recovered by police how to get it back
- Grandfather wrote will in father's name now uncle's claiming property
- Can I file for divorce on the basis of sexual weakness of the husband
- Procedure to change name
- Can wife ask for share after 15 years of separation ?