Advocate Rajat Swain

Questions Answered by Advocate Rajat Swain

Q: I have married of 5yrs after four yrs of marraige have a girl child.

Now my child has only 7 month old. And i want divorce from my husband. So my question is that Is the child custody going to my husband or me.

Advocate Rajat Swain answered
The custody of the child is with the mother till she/he is 5 years old. Then when she is more than 5 years the court will decide as to who will get the custody taking into consideration the well being of the child and the responsibilities attached to it. The capable and the responsible one of the parents will get the custody

Q: Being mentally harassed by Wife and Father in Law

Hello, nI am residing in Bhubaneswar. Since over 14 months, my wife has been mentally harassing me. We have a boy of 3.5 years old. If I dont respond to her harassment, she makes the life of my child very difficult. Doesnt look after him and ignores him to get my attention to fulfill her demands. I have been happily paying for her education since marriage and she has been perusing PHD since marriage i.e. 4 and half years. She tells her parents that I am not providing her money or food or anything and have been ignoring her and says that my parents hit her and abuse her and all sorts of lies. My parents were government teachers and have never abused or hit anyone. During July 2022, my father in law entered our house completely drunk and abused my parents and myself the entire night. We have this recorded on camera for 4-5 hours. He also have hit me and my mother and my younger brother. He was drunk. He threatened to file dowry case and have everyone arrested. Kindly advise. (Hindu)

Advocate Rajat Swain answered
The day you were hit by your father in law you should have given an FIR against him. That would have helped you at this crucial moment. In such state, You can go for either divorce or judicial separation so as to get relief from this kind of torture by your wife. Even you still can file a complaint case against your father in law now for that incident which happened then. You can also claim for your child's custody from your wife.