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Husband is blackmailing me of divorce and taking away my son
26-May-2023 (In Child Custody Law)
Ours was an arranged marriage. We got married in Kerala in Aug 2013. he is from a village in Kerala, presently working in Bangalore. I am from Bangalore(born and brought up here and working in Bangalore). So before our marriage I had informed him and his family that I would like to settle in Bangalore.He harasses me of divorce if i disagree anything. After the birth of my son in November 2015, he is telling that he would look for a new rented house in Bangalore only if I agree to go settle in his village,otherwise he will divorce me & take my son away in 5 years. Will my son be given to him?
You shall also need to file a petition for the custody of the children if you wish to retain the same. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
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Adv. Sudershani Ray
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