can custody of kids be given to a jobless & absconding case father?

I am a muslim woman,39yrs,married for the past 13yrs.I am a professional architect and worked for 9yrs.Now I am freelancing for a firm from home.I have twin daughters 6yrs.My husband got laid off from his job in 2008 &moved to dubai in 2009.Ever since he has got laid off from 5 jobs totally in 9yrs.He escaped from dubai since he had a loan of over 15lac rs for his secret luxuries.Banks hav filed a police case and banned him from.Now I found pics on his phone which implied that he has been contacting prostitutes and brokers.He dosnt have physical relations with me for over 7 years and he suffers from erectyle dysfunction and refused to get it treated.I finally told everything to my inlaws. They say I have to accept his faults and forced me to live with them in a joint family if I want my husband.I have suffered lot of harassment there earlier.I am scared they'll fight for custody if I want to leave my husband.He is in blore with no job now.Will he get custody with this track record?

Answers (2)

116 votes

You can resist custody of daughters being given to him on two counts. One daughters should be ordinarily in the custody of mothers . Secondly he is financially incapable of looking after them. But how would he seek custody ? through Court ?
You can also seek divorce from him as there is provision under Indian muslim Law also.

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267 votes

No since he does not have any job who does not serve himself how can person fill stomach of child so je wobt further file maintenance case for children as sec 125 criminal procedure will help u for it.

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