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Domestic violence and child custody
28-Feb-2023 (In Child Custody Law)
I am 34 yr old mother of 2 yr 11 month old boy. My mother aged 62 is blind and nerve patient and father 71 yr old is heart patient.i gotmarried in kolkata on 22.01.2014. My husband used to work in mumbai and myself in Ahmedabad as a bank officer. After marriage he left job in mumbai and came to Ahmedabad to stay with me.after coming he started to behave like the boss of the house, and as if me and my parents are his slaves.me and my parents are being continuously harassed by him. Due to this my parents left my house in air 2018 and went to old age home..thereafter his Torture on me increased manifolds.he swears at me and my relatives, find faultswith anything i do. I have moved out of my house with my son and went to my parents home since he was threatening me and talking my son that your mom is not good, she's characterless etc.then after few hours he came and tried to forcibly take away my son but he has lodged complain local police station that me and my parents have beaten him up
You can file domestic violence case against him, you can also file maintenance case for maitntence of your child against your husband. You can file police complaint against your husband. So far as police case filed by your husband is concern deny all allegation by ypur husband in your statement to police. You should write that he has been harrassing you and your parents and he had tried to take away your child from you in your reply to police.
same reply by your parents to police.
same reply by your parents to police.
Helpful?
Adv. Ashwini Ramrao Deshmukh
Vadodara | 200+ Answers
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you can file a domestic violence against your husband if you have evidence to prove that you have been subjected to domestic violence from your husband and if you dont want to live with him you can file divorce case under cruelty ground with evidence as the evidence is must
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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hye
first of all i want to know what you want mean to say that do u want to live with your husband or you want sepration because in every conditions you have to follow seprate way if you want to sepration then you have to go with diffrent pleadings like 498a ect ect and my suggestion to you file the complaint case against your husband and their family and demands maintaince of yours and your child which is your right and your husband has been bound to pay and on other hand the custody of child is given to the mother in 95% case and if the child is below 5 year then custody goes to mother 100% .. and we can discussed all your case if you want thanx have a nice day
first of all i want to know what you want mean to say that do u want to live with your husband or you want sepration because in every conditions you have to follow seprate way if you want to sepration then you have to go with diffrent pleadings like 498a ect ect and my suggestion to you file the complaint case against your husband and their family and demands maintaince of yours and your child which is your right and your husband has been bound to pay and on other hand the custody of child is given to the mother in 95% case and if the child is below 5 year then custody goes to mother 100% .. and we can discussed all your case if you want thanx have a nice day
Helpful?
Adv. Mohit Saini
Kurukshetra | 25+ Answers
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Hi Madam,
As you said that your child id 10 months old, Indian law gives custody to the Mother till the child attains the age if 5 years. Please call for further clarification on the matter.
Thanks
Adv Dr Preeti
As you said that your child id 10 months old, Indian law gives custody to the Mother till the child attains the age if 5 years. Please call for further clarification on the matter.
Thanks
Adv Dr Preeti
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Dr. Preeti Manderna
Panchkula | 200+ Answers
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Have you ever file any FIR or complaint before any authority or not.. Or wt u want aap unke sath ghr bsana chahte h ya talak lena chahte h? Jb tk bcha 5 saal ka nhi hota tb tk aapke pass rhega ha agr aap koi step nhi lete ho unke against to vo juthe allegation lgake kuch bhi kr skte h... Jurm shte rhoge to vo apni mn mani krte rhenge.. Jb tk aaap koi step nhi loge.. You can contact me on Google AK Rohilla Advocate rohtak or Rohilla's and Singh associate law firm rohtak
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Adv. AK Rohilla
Rohtak | 100+ Answers
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hello
as per your query
you have full right of custody of your child till 5 years after that court will decide about the custody of child as to whom have best benefits for child, along with this you have to file complaint against your husband and in laws in police station and also maintenance case in court for you and child.
For further help and legal guidance you can contact with me
Adv Jitender Singh
as per your query
you have full right of custody of your child till 5 years after that court will decide about the custody of child as to whom have best benefits for child, along with this you have to file complaint against your husband and in laws in police station and also maintenance case in court for you and child.
For further help and legal guidance you can contact with me
Adv Jitender Singh
Helpful?
Adv. Jitender Singh Singal
Bhiwani | 100+ Answers
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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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