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British child indian mother custody issue
03-Oct-2023 (In Divorce Law)
My son 15 months old is british citizen. I am indian citizen, husband is british citizen. We are Hindus. Married 2.5 years back .Marriage place is mumbai India under special marriage act. Husband is abusive and hits me. Not safe for child. I don't have job in UK but I can get job in mumbai. Can I settle down with my child in mumbai . UK law says I can't settle child outside UK if child is british citizen. Both parents consent is required where as my husband will never agree to settle child in India. I have support system in India and not UK. We r still living together in UK. I want advice so that I can make best decision.
yes you can settle down in mumbai with your child by filing divorce here in mumbai and once the divorce is been decided you can file application for custody and get back your child here in mumbai and get him aettle as well as the marriage took place in mumbai
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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this is very technical and complicated issue which will require detailed Legal Research and Study - Also this issue is related to marriage laws and citizenship laws of India and UK so it will take serious and detailed research and analysis for proper and professional legal advise and opinion.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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Ok, understood. So, you should seek Indian Citizenship & give up your British Citizenship and get settled in India with your son. Apply for Maintenance here against your British Citizen Hubby. If he denies, file Sec 498A of IPC against him and get him extradited to India for punishment. Under pressure, he will give you Maintenance and provide you Child Support.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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