Advocate Raj Nath Singh

Questions Answered by Advocate Raj Nath Singh

Q: How to take Child Custody if on paper currently it is with father

I have taken mutual consent divorce, on paper my daughter's custody is with father, but after divorce she does not want to go and now I also don't want to send her there because they are misbehaving with her, my daughter is with me , now what should I do for legal custody of her with me, please tell

Advocate Raj Nath Singh answered
For the permanent custudy of your child you have to file a suit under garudian wardship act in family court where you reside all you have to do is just make sure that the welfare of the child lies with you

Q: Alimony rights of a woman being divorced by her husband and for child

i am a hindu girl, got married to a hindu boy in Feb 2010. this was a love marriage held with the consent of both families and proper marriage ceremonies were held of which the complete expenses were borne by my family. soon after my marriage my husband and my inlaws started torturing and abusing me mentally and physically for dowry and there were several incidents of domestic violence on me by them. i also gave birth to a son in nov 2011 and when there arised a life threatening situation for me and my child, i came back to my parents home with my son in Jan 2012 and since then im living with my parents. I had filed for sec 498 A ,section 408 and sec 125 against my husband who in turn has filed for sec 13 (divorce case) and is not willing to pay back any wedding expenses / alimony and maintenance of child. i need a legal advice on my compensation rights and legal procedure to safeguard my and my child's future.

Advocate Raj Nath Singh answered
All u need to do is proceed the case of sec498 ipc along with the case of maintaince in family court as well as domestic voilence appear before the court through counsel in the case of sec 13 for contesting it so that it can nit be decided as exparte

Q: Time limit for implementation of order

Sir Hum uttar pradesh bijnor se haiSir hamara case 2000 se chal rha tha Hum case jeet chuke hai district civil court se or highcourt se But jo order court ne krre hai wo s.d.m ko krre ki hme dusri party se kabza S.dm ne abi koi karwayi nhi ki hai

Advocate Raj Nath Singh answered
Kindly check the status for the order u got from the high court weather it was challanged in the honable high court or in honable supreem court through the help of some counsel also see weather any time limt wad been prescribed in the order for compliance if yes then move a contempt in the honable high courtof the same

Q: Wife having affair how to get divorce and custody of son

my marriage happen before 10 years. and i want divorce from my wife now. She has sexual relations with her old friend. i am running a cyber cafe due to which i reach home late. i have proof of her other relationship of her fun activity. i have son who is 7 yrs old. and i want the custody of my son with me after divorce. please help.

Advocate Raj Nath Singh answered
You can file a divorce suit in the family court along with the suit of custudy of your child in the same court u dont have to show the reason for the same u just need to write that the welfare of the child is with you as you can take good care of him

Q: In laws harassing and trying to take my daughter with them

Due to some in laws issues i am residing at my parents place. Looking for a job My daughter is 3 yrs old. I need to know about child custody law. In laws threatens me to snatch my baby away from me. My in laws has taken all my gold given at the time of wedding and Bills of purchasing household items as they are in my name so that I can not claim on items. Now they want to take my daughter with them.

Advocate Raj Nath Singh answered
With respect to your query you can file a criminal complaint against them an with regard to your child they can not take it forcefully they have to file a case wih regard to tbe custudy of the child in you case the age is so less that even if they file a case no action with respect to the child can be made as the welfare of the child is to be looked