How will get my one year old son from my husband legally?
Due to some misunderstanding i m living with my parents from 2013 June onwards.My marriage is love and register marriage.I ve 1 year old baby, but it is nt with me.My husband took away from my parents when i was nt in my house.I gave complaint in police,but he didnt come and he sent a notice through a lawyer,in that he told he will give my child through legally.So i gave a case to Madurai High court (Haebeaus Corpus), at the time court giving us a counseling, we convinced they told me to go&live with him. To him to give my child,also to withdraw my divorce notice&to him to withdraw a case in thambaram court. Both of them withdrawn.After that he raised problems again&he told he will do a revenge for this.So i didnt go with him.Again he seized my child.This time i didnt do anything, bcoz i think he ll realize his mistake,he ll come and give my child.But he doesnt do it.I asked him to show child one time, but he refuse it.Till i didnt see my son also i doesnt know where he is.
My questions are:
1.How will get my son through legally
2.Will I give divorce notice again
3. When he talked with me he recorded through his mobile,so he collected voice recorder when i talked angrily.(I didnt talk wrongly, but i said like this, "keep my child safely, its enough for me. I dont like to live with u").so he told me,if u go to the court i ll give this recorded voices,so u cant get our child and also divorce from me. Is it consider as a witness.
4.All the time he blamed my parents only.I did everything but he told my wife is good,but her parents only stimulate her to fight with me.I choose my life,i do everything with my decision only,but he doesnt understand.In Madurai high court also he told like that.How can i tell this matter through legally.How can i save my parents through this complaints legally.5.I worked as a lecturer&gave salary to him,we spend his & my money for my gynacologist treatment.For my delivery he claimed money from his office from the mediclaim insurance. But he told to the court I m only spend money for the childbirth,so she is not get the priority to take baby,also they asked about the feeding.He gave a doctor certificate she isnt feeding now.so i took this baby.He spend my salary also,but i ve no evidence,bcoz in my college they give to me not by account. In the hospital he bought everything through his credit card,so he showed the bills.How can i explain my situation without any witness for this matter.
6.The major problem arrised with us is,he doent allow me to write the TET exam to get govt job. But its my aim. He didnt allow to go to job. He doesnt give sufficient money to run a family in Chennai, so i want to go for a job. He has lot of borrows, he is the first son of his family so he has lot of commitments.Going for a job is my rights but how ll i tell him legally.
7.He kept my jewels in pawnbroker.I ve no more jewels&things(which are bought by my parents) how i get it again through legally.
8.I m living for my son only I hope you understand a mother situation,please tell me how will do legally for this problem(now my son age is 1 year&4 month old)sir.
Asked 4 years ago in Family Law from TamilNadu, Tamil Nadu
File a petition for custody and guardianship of the child. In this tender age of child the mother is considered better person for the welfare of child. Divorce petition can be filed again. You can claim maintenance for yourself if you don't have enough income. You can claim maintenance for the child as well. Maintenance and custody of child can be claimed in the divorce petition itself.
Advocate, New Delhi
In order to get back the custody of your child you need to file a case against your husband for child custody. The odds are stacked up in your favour to get the custody as your child is just a year old. However, it is important that you file the case at the earliest. The longer you allow the child to remain with your husband the more difficult it will be to get back your child. Time is of essence in such cases.
Divorce can be applied again at any time. Maintenance can also be demanded if you do not have sufficient finances for yourself and your child.
if your husband has pawned your jewels you can file complaint of 498A against him . if your husband does not want to stay with you then you can file for divorce . you can also claim custody of child . since your child is very young only 1 years old custody would be awarded to you only by court your husband would at most get visitation rights . contact a local lawyer
file FIR under 498 A and 406 should be lodged, and while filing the divorce or custody petition you can file separate application to return your jewelry / shtreedhan. Move to court for the custody as your child is very small you will get custody, for immediate relief ask for the visitation rights till the custody petition get final order.Find a good lawyer who handle criminal and matrimonial matters. Do not lose heart, you will get your child custody.