• Marriage problem & child custody

I got married March 2016. Before marriage, I didn't face any problem from my in laws family.They didn't want any dowry.I told them, after marriage i will do my job. I will never left my job. They told me okay, No problem. They also told me that my husband will shift Kolkata, so we didn't have any problem. Then I also told them-- if my husband didn't shifted in kolkata, then also I will never go in husband location. If got suitable job thn I will move otherwise not. My husband shifted job in jamshedpur instead of kolkata." He hears his mothers opinion. if his mother tell - do this or do say, then he will say or work as per his mother wish. That is also big problem. In october 2016, there was big quarrel --they have insulted me 1. His mother told him --"i am planning to separate my husband from his mother in circustic way." .In that way, he told me that sentence.2. his mother told him don't go for physical relation. my husband didn't come for physically relation. instead of that he told me that have you got married to me for physically relation or baby? I have told him if dnt get baby then what will be my future. baby & physical relation all are parts of the marriage. when you have come to marry me then you should know about all. 3. After that his mother told my father 'Please take your daughter & go home, this relation wouldn't stay no longer. My father told them -- breaking relationship is so easy, making relationship is so difficult. I want to give my daughter that a opportunity. 4. after that I stay there. I go to jamshedpur in weekend. & he also come in shibpur. As per my husband opinion, I stay with inlaws family & come to my maternal house if i got late.because south kolkata is more near than shibpur. & also there is an life risk. In that way, all are continuing well.Recently , suddenly, all family members are saying it will be okay, if take baby, then my husband threated me that we will have baby if you leave your job. 
In my office, I will get every support. my hr management knows about my situation. 
If i got pregnant, 1. I will get 6month maternity leave.
2. My pregnancy surgery all cost i will get from my office. 2lacs is coverage for me if get surgery.
3. how to maintain my child : i.after ending leave I will rent a maid from center for my child. my office have a opportunity work from home. if get problem, then I will take work from home. ii. my income till now 25000 per month. I am one child of my parents. my father was bank manager of ubi. now he has retired. my inlaws house is Shibpur howrah, west bengal, india. My maternal house is in south kolkata.
iii. I have enough support from my parents. after birth my baby, my husband isn't needed to take any responsibility of my baby.I will take all responsibility.
But i have scared that if inlaws family try to leave my job after birth my baby. If I left my inlaws house with new born baby & take all responsibility very well. then Can I get custody of my child in whole life.?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

Mother lap is regarded as gods cradle

2) welfare of child is paramount consideration

3) custody of minor child is awarded to mother

4) father will get visitation rights

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Hello,

1) The court granting the custody of the child to either parent depends on a number of factors and on merit of individual case the court will use its discretion while giving a verdict as both the father and mother have equal right and responsibility in the care of the child. The fact is that until the child is of 5 years of age the mother always enjoys the advantage of getting custody rights. However please understand that the husband will get the right for visitation to meet and spend time with his child.

2) And even if the custody is granted to one parent , the liability of maintaining the child will be a shared one as both the parents are equally responsible for it.

3)Again all that is said will depend on whether or not you are seeking a divorce from your husband.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

1. Husband has no right of custody of the child when he is newly born.

2.Since you have income you are not entitled to maintenance but you are entitled to maintenance of the child.

3.So one can force you to quit the job if you are not willing. So under no circumstances you should sacrifice your career.

4.If yo keep the child with you no one can take him from you.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1. It appears that they are setting condition for your getting the baby which is very unusual.

2. Child should be born out of the act of love between two individuals of opposite sex and not as part of a term.

3. However, you shall have to take a considered decision to conceive as per the said term.

4. Please note that child custody is awarded by the Court treating child's welfare as the prime consideration and you shall have to prove before the Court, if the matter goes to that extent, that for the welfare of tyhe child, he/she should be in your custody.

5. Moreover. mother is the natural guardian of the child till he/she is 5 years old.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

In my opinion this may not be a right time for deciding to dissolve the marriage.

You may give another chance to save your marriage

The child will remain in your custody up to five years of age legally and after that you can seek permanent Custody also.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

1) wife has no share in husband property during his lifetime

2) she only has right to stay in her matrimonial home

3) on demise of husband intestate mother , wife and children have equal share in his property

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

1. There is no priority set by the law for a husband or wife.

2. it is the duty of the husband to take equal,care of his parents, wife and children. there is no first priority or second priority set for him.

3. In case a man dies intestate (i.e. without writing a will), his properties will be equally inherited by his mother (if she is still alive), wife and children as per Indian Succession Act.

4. It will be prudent on your part to settle te dispute with your husband amicably and once a child is born, most of the disputes generally get settled.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

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