your son is only 2.5 years old
2) welfare of child is paramount consideration
3) you would get sole custody of your child
I want to live separately from my husband with my 2.5 yrs old son. I am working woman, there are lots of misunderstanding between us. I never marriage again so divorce is not essential. He will allow me leave his home permanently but he not allow to keep my son with me. I can escape my son with me but my husband will try his level best to get the son's custody. What are the legal steps to protect myself from him as he will be dangerous if I escape from his home with my son.
your son is only 2.5 years old
2) welfare of child is paramount consideration
3) you would get sole custody of your child
If you escape he may file false case against you. It will be better if you claim legal custody from court. You can also file for maintenance under domestic violence Act for you and your child. You can also file 125 crpc against him for maintenance.
as the age of your son is only 2.5 years therefore you are perfectly entitled to his custody,
file a petition against your husband for judicial separation and stay separately along with your son,
your husband will surely claim custody of the kid by way of filing a case in this behalf but the Court will decide who is best suitable for the custody and the case will take a time of approx. 3-5 years for its disposal
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
See.you can file a police complaint against the husband and can leave his home also.you can mention of domestic violence and mental.cruelty and seek protection from him, in case he goes for custody case for child you can contest same on ground of age and welfare of the child.
1. You are at liberty to stay at any place you wish to.
2. Mother is the natural guardian of her son till he is 5 years old.
3. So, you will have his custody now as per law.
4. If you wish to stay away from your husband for whatever reason, you can take up a seperate accommodation and shift there with your son.
5. Simultaneously, you can file a child custody case before the Court.
6. The Court might allow visitation right to your husband while giving custody of your son to you.
1. You are thinking too much which does not have much scope for happening in reality.
2. You can leave your husband's home at any point with your child and start residing separately with your child.
3. Since the child is at his infant age your husband at best can get visitation rights while physical custody will remain with you only.
4. if you have no source of income then you can claim maintenance for you and your child . Else only your child would be entitled for maintenance.
You can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution of conjugal rights.you will have to claim custody of child through court.
It will be legal battle. You must obtain court order for custody of your child
Engage good lawyer for the same. Upto 5 years of child's age you will get the custody easily. But after that welfare of the child will be the paramount consideration for court to decide custody of the child.
If you wish you can live separately without giving divorce. On your own if you separated from the marital life, he may file a divorce O.P. or Restitution of conjugal rights petition.
In respect of child custody is concern, if your husband is not allow you to have the child on your custody and trying to take away from you then you can approach the court for child custody. The mother is the preferred custodial parent when the child is less than five years old and the opinion of a child will be considered if the child nine years old.
Child custody rest with mother only. Even law is clear mother cannot be separated from mother until child passes 5 years and than after also mother claim will prevail.
IF he forcefully takes the child, call the police.
If you escape there is no problem with that. He will file for custody and hence a custody case will start and the court shall in all probability grant the custody to you as the child is small.
Regards
File a domestic violence complaint and a criminal complaint against him for cruelty.
Regards
No man or husband can separate you from your child being 2.5 years,by law all minor children will be with the mother under any circumstances, plus your husband and in laws can be taught a good lesson without filing any court case as of now, for which detailed history you will need to inform.
You can live separately and ask for son's custody as mother is best caretaker of her own child and in many citations court has grant custody to mother as child is minor.
Your child shall remain in your custody till it attains 5 years of age and after that he may apply for child custody case.
If he is apprehended to trouble you or poses threat you may take the help of police and seek protection for your child and you.
You can leave the house if you do not want to live with him anymore
When I take away my son from his home he may forcefully stopped me to do this, at that time how I can get protection to safely leave his home with my son.
See you are mother and you can leave the premises with the son , to safely leave you can file a complaint with the mahila police station against the huaband.
Dot escape when the husband is in the house. Go away when he is not present. Afterwards if he does anything file a criminal complaint against him for domestic violence and physical abuse.
Regards
You can not do so legally. Your husband has equal right to his child. Without court order you can not take away your child from his father.
approach before women cell and file complaint against your husband and then you can leave your husband home along with your son.
1. It may noit be that all the time he will be on guard to see whether you bare leaving his house with your son or not. fix up your alternate accommodation and then find out appropriatev time to leave his house with your son.
2. Immediately thereafter lodge a police complaint against your husband alleging that he is attempting to kidnap your son from your custody illegally though you are considered as your son's natural guardian seeking protection for you and your son.
Dear Client
You should Immediately hire an Advocate and File a Criminal Complaint to Judicial Magistrate Under Protection of Women from Domestic Violence act 2005 against your Husband to protect you from his abuse while leaving the house with son you can also get custody order of you son under this act.
The complaint would be Under section 12 of the act. for seeking relief under various sections of the act
but as you are capable of earning and take care of child you can only seek reliefs under section 18 and section 21.
and if you think he can use force while leaving the house you can make application in court to appoint a protection officer under section 8 of the act. who protects you while leaving the house.