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One year old Child’s custody given to a father with restraining order


05-Nov-2023 (In Divorce Law)
my husband wants to get divorce on grounds of adultery. Yes i was talking to my ex lover post my marriage. i had pleaded to forgive me but he is not accepting my plea, he has my phone chats in which i am talking to him,talking about our failed love and about the hardships we are facing in our marriages. I have met him also and got involved in physical connections after marriage. My husband got hold of intimate pictures and videos of our affair. so he filed a divorce suit against me case against me on the grounds of adultry. He also got custody of my one year old daughter while I was away for work for 20 days outside the country. can i get my childs custody I am working right now outside the country. They are preventing me from meeting my child, as they managed to get an restraining order to see my child and section 144 cpc to enter his house. my child is too young and they are creating an atmosphere that she has started getting detatched frm me. please help.
Answers (3)

Answer #1
957 votes
yes you can get to see your child and your case needs to be properly handled by so that you also get maintenance for the child and even its a rule that a child below 5 years must stay in custody of the mother need all papers to guide you better
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Answer #2
875 votes
since you have literally accepted every single allegation against you so strictly speaking you don't have much of a case to defend against the divorce proceedings except if these admissions on your part are not on record or preserved by your husband. having said that let me also caution you about any further admission and pleading about forgiveness from your husband in any way which might prove prejudicial to your interest. at the end of the day it is what you want that would dictate the next course of action on your part and it would be advisable that you meet physically or virtually with one particular legal counsel of yours and discuss your plans accordingly for your counsel to manage your onwards legal steps and your strategy would squarely depends on that sole parameter. now coming to the child custody part, I see a very strong case for you to get back the child custody with immediate visitation right and the restraining order can easily be vacated against you by taking appropriate legal steps in that direction. as a parting note i would suggest you to take up your legal remedies ASAP since with each passing day the detachment between you and your child gets more entrenched and the legal recourse gets more complicated against you. hope you get early justice ⚖ regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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Answer #3
664 votes
Your case is very critical. But yes I have a solution to your problem. where do u live. You can come to my chamber to get your problem solved. I will file a case and make sure you get custody of your child. Dont worry.
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