• Child custody

Hello sir,
I got married in 2006 , from the first day of my marriage my husband was cruel to me .He never took any house hold or my daughter's responsibility.over all he had lot of relationship and affairs,due to which I was pitched off,finaly i got seperated in 2013 and filed a divorce where he never appeared after getting summon,as a result I got ex patte divorce,I took whole and sole responsibility of my daughter since her birth.Now I am married and my daughter is 9 yrs old.she never wish to meet him or talk.now after 4 yrs he threaten my husband and his frnds.As he wants to meet my daughter.During divorce Judge said if I am taking the responsibility of my daughter then there is no need of custody,what Shud I do.I am very tensed.pls help
Asked 8 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

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3 Answers

1. Since you husband was so far reclusive as far discharging his duty towards the child is concerned, you can very refuse to allow the child to meet him.

2.If he wishes though he can file a sit for custody.

3. However cosndiering the conduct of him for the alst so many yours both towards to you and the child you can rest assured about the fate of his case.

4. The court may though pass an order of visitation of the child . However if she refuses to meet him then you can get that order of visitation nullified very easily.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Since the child is with you you need not go for custody

If he is threatening to file a case let him do it.

He cannot succeed in his child custody cae because of the fact that he never bothered to even look at the child so far after the divorce neither showed any interest on it.

You can challenge his case properly in the court.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1) you cannot deny your husband visitation right for the child

2) if you refuse to permit him to do so he would apply to court and seek visitation rights

3) you can permit biological father to meet your child once a week on sundays

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

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