Got divorced and child is with mother can i ask for child
18-May-2023 (In Divorce Law)
My friends marriage last for 1.5 years . During her divorce She was 5 months pregnant. Her delivery was taken care by her mother in law. She was not been given any Alymoney nor maintenance for child. She is from village and was not aware of all this. Now if she ask they tell to handover the child as u are not capable but she don't want to hover her child. Want clarification on this what to do 2) now she want to remarry can her exhusband can ask for his child if she get remarry. 3) her husband is not providing the case no to get divorce paper. She don't know lawyer name and address not case no then how she can get divorce paper from thane court Pls help she is in big trouble
She can seek maintenance for her child since the child has right side case in guardian and wards act and u can take. Next you can also claim permanent alimony from your husband stating that u have been surprised the facts and obtained divorce. Next you can do to court there will be court register for filing cases so you can search for case when it is filed exactly or before search it and get details further u are party to proceeding so u can file copy application and obtain same. Later you can get married since divorce has been done and see your new husband agrees to it or else they may claim. So you can obtain certified copy by yourself paying requisite court fees.
If your friend had got divorce as per settlement terms then her husband has to obey as per the terms of settlement. or otherwise if she had got divorce through contesting case by way of Judgment then she has got every right to seek for maintenance and permanent alimony as she need to proof before the court that she was pregnant at the time of divorce. As per section-112 of Indian Evidence Act, 1872 will be supportive to your friend.
Whether your friend is behind money or better life. If she wish to lead wonderful life better she give her child to her husband and remarry after taking legal divorce. It will give her peace. Other wise she be in trouble.
First, you secure the certified copies of Judgement & Decree from Concerned Hon'ble Court through counsel on record in the case OR apply for it in person with the assistance of any Advocate.
If not, Search the details of case in website. It is available easily. Thereafter, you can get solutions for your problems.
If not, Search the details of case in website. It is available easily. Thereafter, you can get solutions for your problems.
1. Maintenance for children is completely different divorce issue with her ex husband. Irrespective of the fact she is divorced she can claim maintenance for her kid.
2. She can also claim maintenance subject to what conditions were accepted by her during divorce.
3. She can remarry provided she haa obtained valid divorce from court.
4. Being a parent ex husband can seek for visitation rights if the child is minor.
2. She can also claim maintenance subject to what conditions were accepted by her during divorce.
3. She can remarry provided she haa obtained valid divorce from court.
4. Being a parent ex husband can seek for visitation rights if the child is minor.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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