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Husband separating me from my child, sent a divorce notice, what to do
04-Mar-2023 (In Divorce Law)
My husband has sent divorce petition at my moms place and I do not stay with them.the person was forcing my mom to sign it, but she didn't. My husband is right now in usa. He left on 16th Feb with my son in spite of telling him that he stays with me or I come with you if he is going, but ignoring all that he took my son.he was in India for nearly 5 months during which he didn't sent the divorce petition and once he left the petition has come to us.the date to appear in the court is 22nd March and for sure he will not be coming. So what should be the action taken by me.he persuaded my son that if he comes with him he would buy him an xbox 1st, which he did last Saturday. My son is 11 yrs. I want to be with my son.we have been married for 14yrs.pls advice. He doesnt allow me in his house where he stays with his mom.highly influenced by his mom &sister who want to break the family.i m staying alone for past 4 months and without a job, but he hasnt provided any kind of support. HThanks.
Hi
You can restore your conjugal rights by applying to the court.
You can also claim custody of the minor son by the petition before the same court.
You can claim residential rights through various provisions of law
You can restore your conjugal rights by applying to the court.
You can also claim custody of the minor son by the petition before the same court.
You can claim residential rights through various provisions of law
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Adv. Rohit Shaligram
Pune | 500+ Answers
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Hi Will need more information to advise you properly. If you don't want the divorce you will have contest it in the court, where you can file Petition for custody of child. How long has the child been with him? It is advisable you meet personally to discuss in detail. check www. divorcewhammy.com
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Adv. Shalini Devi
Mumbai | 400+ Answers
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From above information your husband trying to punish you mentally only, as on 22nd he may not attend the court which means he is not wishing to take divorce from, Pl. Treat it as a good symbol for future adjoin with you.now for time being think deeply if your child favour his father more than his mother then definitely that person is not so cruel.if he loves his mother sister after the marriage of 14 year's which shows his good bonding with the relationship beware your parents brother sister may be with him. Hense definitely giving punishment to leave se pertly for months he will give double love and respect. DONT take divorce from such a person, you also change the living attitude and treat his parents as yours. so that instead of living separately you will live together. SORRY for clearing true facts, as I solved and experienced dozen of cases.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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Its your right to have son with you as we are guided by Guardian and Wards Act for deciding custody rights of child.. however i will suggest you that you should file an application in the proceedings of divorce for deciding rights over child custody.. moreover there are different modes and methods to compell your husband for attending court proceedings..
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Adv. Abhaysinh Kashinath Bhosle
Aurangabad, Maharashtra | 25+ Answers
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Dear Mam
Kindly receive notice which he has sent you by post. Make sure that you will remain present in court. File maintenance application U/ 125 of Cr.PC. which will make your legitimate claim for maintenance. Another aspect you can make application u/75 for Custody of your son and can demonstrate before court how your husband persuade your son by giving him different things of his desire.
Instead of this separate applications, you can make detailed reply to that petition which he has sent to you and make your claim in it also regarding the same. Don't try to avoid proceedings as he has initiated it, he is bound to be bback. issue Criminal matter against him.
Kindly receive notice which he has sent you by post. Make sure that you will remain present in court. File maintenance application U/ 125 of Cr.PC. which will make your legitimate claim for maintenance. Another aspect you can make application u/75 for Custody of your son and can demonstrate before court how your husband persuade your son by giving him different things of his desire.
Instead of this separate applications, you can make detailed reply to that petition which he has sent to you and make your claim in it also regarding the same. Don't try to avoid proceedings as he has initiated it, he is bound to be bback. issue Criminal matter against him.
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Adv. Omkar Rajendra Deshpande
Nagpur | 25+ Answers
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