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Child visitation .. Divorce filed by husband... He filed an injection


29-May-2023 (In Divorce Law)
My husband filed a divorce petition. He is an alcoholic. He used to quarrel with me and ill treat with me physically and mentally. I have 2 children. A boy and a girl aged 11 and 5 years respectively. They are now with my husband. He filed an injection order against me. I want to see my children.
Answers (4)

Answer #1
753 votes
you may file petition invoking guardian and wards act and along with that petition, you can file an interim application seeking orders for production of children before the court. the basic fact as well as the settled principle that the maternity together with paternity cannot be disputed and both the biological father as well as mother are having equal rights over the child
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Advocate A.G. Syam Kumar

Adv. A.G. Syam Kumar

LawRato Trivandrum / Thiruvananthapuram | 400+ Answers
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Answer #2
945 votes
You need to file a guardian petition in the concerned court for custody or visitation rights. Engage a lawyer to contest case for divorce and custody rights. To give a proper legal advice in detail news to know facts and circumstances.
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Advocate T S Sarath

Adv. T S Sarath

LawRatoErnakulam | 25+ Answers
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Answer #3
920 votes
you may file a custody application before the concerned family court.. and also file an IA for interim custody of the children... how long you been living separate?? for more clarifications contact me directly...
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Advocate Radhika Rajendran

Adv. Radhika Rajendran

LawRatoKottayam | 25+ Answers
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Answer #4
786 votes
you can file petition for child custody and to declare your self as guardian of children. alleging his cruelty both against you and your children.. you can also aver that future of children will be adversely affected if the custody of children are given to husband and that it may affect their health and education..
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Advocate Jayaraj K P

Adv. Jayaraj K P

LawRatoTrivandrum / Thiruvananthapuram | 25+ Answers
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