Child custody for 3years old son as father is forcing the mother to ab

748 votes

Hello Good evening I'm advocate Vivek Mishra well according to your case you can go for divorce and child custody for further more details kindly contact me so that I can elaborate you in proper manner thank you so much

Advocate Vivek Mishra LawRato

693 votes

Hello I'm advocate Vivek Mishra well according to your case you can go for divorce and child custody for the same for further more query kindly contact me so that I can elaborate you in proper manner. thank you so much

Advocate Vivek Mishra LawRato

879 votes

Hello I'm advocate Vivek Mishra well according to your case you can go for divorce and child custody for the same for further more query kindly contact me so that I can elaborate you in proper manner. thank you so much

Advocate Vivek Mishra LawRato

709 votes

ap divorce petition ke saath hi maintance and domestic violence sec24 for expenses saath hi ap physically and menatally harresement ke liye suit file kare saath hi bache ki custody ke liye ap petition file kare or apne husband ki audio ya video recording karte rahe evidence mai kaam ayega

Advocate Vinal Tyagi LawRato

758 votes

it is a provision in the child custody act that if the child below the age of 5 year then the custody of child is given to his mother so if you file custody suit then court definately grant the custody of your son in your favour.
and the second is if you want to divorce then you can file it on ground of cruelty and forcing of abortion basis.

Advocate Ankit Saran LawRato

807 votes

As you mentioned that you are 4 months pregnant and you have 3 year old son and here is second marriage and your husband is treating you highly abusive and asking to abortAnd your husband is probably planning to divorce youIn such a situation, you can file a domestic violence maintenance suit against your husband And you lodged an FIR against your husband under section 313 of IPC in which he wants to pass your forced abortion.

Advocate Rajeev Kumar LawRato

512 votes

your child too small ; further he couldn't force you to get an abortion; relevant provisions under Indian penal code deals against this , you could file complaint at any of the forum available for Matrimonial disputes ;you are comfortable with -

Advocate Rishi Kumar LawRato

851 votes

Yes you can get custody of child by way of mutual settlement or via court and herein not possible to explain everything so better if you you contact us then I'll elaborate properly about your case Advocate Advocate Anurag Bhatt Allahabad High Court.

Advocate Anurag Bhatt LawRato

518 votes

yes you can first of all tell me the location of your case so that ..we can proceed with it and also tell the matter.. after further discussion we can move legal aid for you.. contact me all the matter for the proper advice

Advocate Anand Krishna Singh LawRato

716 votes

Mental cruelty is a course of conduct on the part of one spouse which can endanger the mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to further continue marital relation.

What all are considered as mental cruelty?
It is a subjective matter and usually depends on one's capability to tolerate such situation and carry on their relationship. Therefore, categories of mental cruelty are not closed. New categories arise in each case. Judicial interpretation plays a significant role. It is dealt according to the circumstances of that particular case. The Supreme Court in the case of Samar Ghosh v. Jaya Ghosh, 2007 has listed down certain illustrations of mental cruelty.

Few of them are listed below:
Severe mental pain, disappointment, frustration making it impossible for the other party to further continue matrimonial relationship would constitute mental cruelty.
The appellant must be subjected to mental cruelty continuously for a longer period.
The behavior of other spouse must cause apprehension in the mind of appellant. It must be grave and weighty
Mere annoyance doesn't constitute cruelty.
Abortion without the consent of appellant and sterilization without any medical reason may also constitute mental cruelty
Denial to have sexual intercourse after marriage for a considerable period even with the physical capacity to have sexual intercourse amounts to mental cruelty.
Separation for long considerably longer period
This is not an exhaustive list. The courts in a series of judgments have given different definition and added various categories of mental cruelty depending upon the facts and circumstances of the case. Demand for dowry, act affecting reputation of either party or also making unfounded allegations constitute mental cruelty.

Who can seek for divorce on the ground of cruelty?
Either of the spouses can seek the decree of divorce on the ground of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other.

Divorce case is dealt in which court?
Generally, divorce petition is filed in the district court or family court where either of the partners resides. Later, the party not satisfied with the verdict of the family court can file appeal petition in the High Court and then in the Supreme Court if necessary.

What does an individual need to prove to get a decree of divorce on the ground of mental cruelty?
Cruelty is usually seen from the eyes of reasonable person after considering the temperament and ability to endure the acts and behavior of other. The appellant must present evidences of such a nature that corroborates the allegation placed. As usual for any divorce petition one needs to prove that he or she cannot live with other spouse any further.
The per-requisite of fault theory is to show that the other party (appellant) is totally innocent.
The appellant needs to prove further continuance of matrimonial relationship is harmful for the mental health along with the physical health of the appellant.
The party seeking divorce on the ground of cruelty can submit audio, video or written evidences. One can also back their allegation by presenting eye-witnesses before the court.

Advocate Rajesh Bhadana LawRato

557 votes

No one can take custody of ur son forcefully. even court will give custody to u. u have to make sure father does not escape with child to sime place cause then it will prolonged process of custody.
u can have custody through cort and also demand for maintenance from the court.
contact further to get help.

Advocate Anurag Bhati LawRato

955 votes

both are different issue you made out. one is divorce and second is child costudy. first you confirm me then what your stand for marrige you want to live separate or live with husband. after that we decide about child. for more information you can contact me.

Advocate Satish Bhati LawRato

707 votes

The son will remain with you till the age of 5 and your husband will have to pay the maintenance for you and you son as well along with the maintenance of the unborn child as it is his responsibility to take up the liability of all three of you.

Advocate Nikhil Pandey LawRato

786 votes

First of all, you tell us which district the matter is from and you have filed for divorce and if your husband has got you an abortion without your consent then you should file a first information report against him under section 312 of the Indian penal code Give and you feel that your child does not go to your husband, then you file a writ in a high court so that you can get the custody of the child and so that his future is right as well as you can also file a case of domestic violence. Do it and file the maintenance case now in the court and if you want to get any more information then you can contact us on this number.

Advocate Prashant Shukla LawRato

620 votes

I have seen your query carefully and found that your husband is a very abusive person who is doing domestic violence with you. if you want to get rid from this person then first of all lodge a police complaint in Mahila Thana or concerned police station for physical and mental torture along with demand of dowry etc with the help of any competent lawyer. you have full rights over your son till the age of 5 years according to the guardian and ward act. you can also file a petition under domestic violence act. if you wish to consult with me for further information and assistance then please contact me without any hesitation through the administrator of this website

Advocate Rajeev Srivastava LawRato