Advice regarding child custody and visiting rights under Hindu law.
16-Dec-2023 (In Child Custody Law)
I am living separated from my husband since last 2 years.But my husband took away our only girl (12yrs).He dont allow me to meet or talk to her in anyway. I have filed for a divorce and custody case but right now i cannot live without my child and i dont know when the court will decide. We both live in the same city. And my husband has told my girl to ignore me at all places if we meet like when i go to school my child dont talk to me because of his fear. Right now i want to atleast meet my child and talk to her regularly and if possible need her custody My husband lives with his father and my girl only.So their is no lady to take care of her. They even leave her all alone in the home without any guardian to take care which is totally unsafe too. Please help me with what should i do.
you will have to pursue your custody application in the court only. you have no other option. You can ask court to decide your application of custody at the earliest. In case your this application is rejected you can move an appeal to the higher court. In any case the court can not restrict you from occassional meeting with your daughter. However it all depends on the merit of the case on each case individually. You should take a 2nd opinion with a lawyer along with complete papers.
As your case is already in court there is no other way to get custody of your daughter, but if your case is pending from a very long time then in that condition you can get directions from high court of state for the concerned court so that there can be no further unnecessarily adjournment in your case. For more detail you can contact me on my email or mobile.
My first preference is to protect marriage rather than to break it.
I will advise you to talk to your husband and if possible, resolve it with talk.
It is very easy to take divorce rather than to protect marriage.
As you said, " you want divorce and also want custody of your daughter".
Before I can reply your answer, I want to know few details about your case-
Is your husband also want divorce?
Are you employed?
Is your husband employed?
Who is economically stronger, you or your husband?
What your child wants?
There are various other aspects which is seen by the court while deciding the custody of child, and welfare of the child is paramount consideration while deciding custody of the child.
As in personal laws, preference for custody of child is given to husband, but anyway, any good lawyer can help you.
It is very much possible that you can get the custody of child as you said , there is no one at your husband home to take care of her.
I will advise you to talk to your husband and if possible, resolve it with talk.
It is very easy to take divorce rather than to protect marriage.
As you said, " you want divorce and also want custody of your daughter".
Before I can reply your answer, I want to know few details about your case-
Is your husband also want divorce?
Are you employed?
Is your husband employed?
Who is economically stronger, you or your husband?
What your child wants?
There are various other aspects which is seen by the court while deciding the custody of child, and welfare of the child is paramount consideration while deciding custody of the child.
As in personal laws, preference for custody of child is given to husband, but anyway, any good lawyer can help you.
It is very much possible that you can get the custody of child as you said , there is no one at your husband home to take care of her.
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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