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Child Custody of US born child. Verbal &financial abuse by husband.


08-Jan-2023 (In Divorce Law)
My husband and me are both Indian citizens, married in India. We moved to US in 2016, staying is US for 7 years and our child is US citizen by birth. I am a victim of emotional and financial abuse by my husband. He is abusing me with vulgar words in front of my children, his friend and in-laws. I am suffering a lot here in US. Can I move to India with my baby (2.5 years) and file for domestic violence, dowry case and child custody in India court? Does the India court approve and give me child custody? kindly answer.
Answers (3)

Answer #1
578 votes
Since you are a Indian citizen you can always file a complaint against your husband and in-laws in the Indian court. You can file DV or a complaint under section 125 CrPC and claim your monthly maintenance. You need a Aadhaar Card or any ID that can show that you are a resident of India. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
695 votes
Yes u can come to india n file the cases and you need to hire expert advocate in this regard! And default upto the age of 5 years child will b with mother ! We need more facts to understand the situation! Kindly be in touch with us Thanks
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Advocate D. Khan

Adv. D. Khan

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Answer #3
884 votes
Usually the law regards mother as the natural guardian. However the decision on custody is based on the principle of what is best for the child. Based on the information given it is not possible to give a full opinion and detailed discussion is necessary on several aspects.
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Advocate Himanshu Suman

Adv. Himanshu Suman

LawRatoDelhi | 25+ Answers
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