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Contested Divorce and visitation rights
02-Jan-2023 (In Divorce Law)
Hi, I got married under Hindu Marriage Act. I have a 8 year old son. I am taking care of my son financially since his birth. My husband has not seen his son for last 4 years. My husband separated when my son was three year old. He is refusing to live together and also not giving divorce. He has settled abroad recently.I am planning to file contested divorce, on grounds of cruelty.But my doubt is can I keep my son away from him i.e no visitation or custody rights to father. He has not spent even a penny on his son.I want to keep my son away, as my husband is very manipulating. He will try to trouble me and my parents instead of doing anything for this son.I have the following questionsn1.if I file for divorce will court force me to let the child and father meet.2.How long can my husband drag this case, since he doesnt want to give me divorce. Is it possible if he hires lawyer and comes just once a year. Will case drag for 3+years.3.Can he drag divorce case by filing custody case
If you file anything he will definitely to defend himself and to make trouble in your life will counter file for visitation rights to the child. But since your child is 8 years old then he can always deny to meet his father on various grounds and you can also incorporate it in your divorce case. For more legal assistance I am just a call away.
Helpful?
Adv. Jitender Singh
Delhi | 500+ Answers
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helo i will reply all your questions..
1) yes you can file divorce case and it takes approx two years to get divorce decree.
2) if he comes ones or two in court dates than it's your benifit (here his intention to drag case shows judge will also absorve that.
3) yes your husband files child custody case but as child is in your custody now so it's very rare chanses your husband gets meeting rights with child
if your case is from delhi contact us we are expert in such kind matters.
1) yes you can file divorce case and it takes approx two years to get divorce decree.
2) if he comes ones or two in court dates than it's your benifit (here his intention to drag case shows judge will also absorve that.
3) yes your husband files child custody case but as child is in your custody now so it's very rare chanses your husband gets meeting rights with child
if your case is from delhi contact us we are expert in such kind matters.
Helpful?
Adv. Ankush Chaudhary
Delhi | 200+ Answers
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Mam,
Firstly no Court can keep a son away from his father until and unless you prove that the father's company can bring a bad influence on the child and/or the father himself does not not claim any rights over the child.
If the father claims the Custody of the son then he has a right to do so even if he has left his son in whatever condition, however you can still fight tooth and nail and there are many means to put and prove this to Hon'ble Court that father should not be given any right.
Now coming to your questions
1. Your son is a minor and he needs his mother. So the priority will always be given to the mother. But when it comes to meeting then yes court can force the child to meet the father untill and unless we prove that it's not fit for the child.
2. Your husband can drag this case for years but you will have to put him in the position where he has to come to settlement by claiming maintenance, which is also your right. Yes the case can easily be dragged for 3+ yrs.
3. Divorce case will not have effect on Custody case because both are different proceedings.
Firstly no Court can keep a son away from his father until and unless you prove that the father's company can bring a bad influence on the child and/or the father himself does not not claim any rights over the child.
If the father claims the Custody of the son then he has a right to do so even if he has left his son in whatever condition, however you can still fight tooth and nail and there are many means to put and prove this to Hon'ble Court that father should not be given any right.
Now coming to your questions
1. Your son is a minor and he needs his mother. So the priority will always be given to the mother. But when it comes to meeting then yes court can force the child to meet the father untill and unless we prove that it's not fit for the child.
2. Your husband can drag this case for years but you will have to put him in the position where he has to come to settlement by claiming maintenance, which is also your right. Yes the case can easily be dragged for 3+ yrs.
3. Divorce case will not have effect on Custody case because both are different proceedings.
Helpful?
Adv. Meenakshi Garg
Delhi | 100+ Answers
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You can file the suit for divorce before the concerted court. After examining the case and listing the parties, the court will give the judgment in your favour. The only thing you have to do is to go to court and file the petition through your advocate.
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Adv. Deepak Grover
Delhi | 25+ Answers
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Hi
The court cannot force but it depends in how you contest the matter and which grounds you put to seek childs complete custody
Also a divorce can be taken within 6 months and not longer if fought properly
We can speak to discuss in details.
The court cannot force but it depends in how you contest the matter and which grounds you put to seek childs complete custody
Also a divorce can be taken within 6 months and not longer if fought properly
We can speak to discuss in details.
Helpful?
Adv. Atishaya Kaushal
Delhi | 25+ Answers
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