file for divorce on grounds of mental cruelty
2) seek sole custody of child
3) court would award husband visitation rights once a week and not daily
3) seek interim maintenance and alimony from husband
Divorce and child custody
Im 31 yrs old, married for 4 yrs with a 2 yr old son. found my husband talking with few women at late night 2 yrs back and warned him not to do so. despite having a baby, found him again talking to women, warned him before a year too. now recently saw my husband talking with women again and every chat is adult related. he has met few. i have records of all the filthy mesages. and a audio record of a women accepting she has met him through online chat. i came to my parents house knowing this and its been 2 weeks now. he pleaded a lot saying he'd change. im not in a mind to accept it. he used to come to moms to see the kid. 2 days back, he came to visit the kid. after few mins, i couldnt see them. when called, he was going to his house saying he wont return the kid. i went to my in laws home and asked for my kid, both my husband and father in law refused to give him. i called 100. police came. wanted me to file a complaint. i did. they gave us counselling. my husband demanded the kid to be with me for 4 days and with him for 3 days.i refused. since it was late night, the police wanted us to come the next day. i got the kid. next day, when we went, my laws and my husband were already discussing with the police for a long time and then called me to join. they had said i dont look after my son much, i go to my job and dont feed him good, which is all a lie. because i work part time and i go to work only when im done feeding him. finally i said i'd find the solution through court and gave them in writing. but the police said i have to allow my husband to see the kid everyday, which i agreed. also, i should allow to take the kid to my husbands parents for 2 days a week, which i didnt agree, but agreed for a day. bt the police didnt listen to me, she just finalised and adviced me separately to be with my husband no matter how he is and its because of me, he went to other women. yesterday evening, my husband came to see the kid around 5 . was with him till 6. i said i had to feed him food and got the kid. around 9, my husband called me againg demanding to see him, since i agreed with the police and he has rights. i cut the phone saying its untime and that he saw the kid just few hrs ago. today morning, i recd a msg frm him saying, he'd come to visit whenever he wants in a day and i have to give him and that he wont disturb the feeding time. my question is, i have proof that he has cheated, and im in the urge to file a case for divorce. i know he has visitation rights. how long would his visitation schedule be? would i get the custody of my child?
Asked 4 years ago in Family Law
Religion: Hindu
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11 Answers
Police has no authority to decide child custody and visitation. You can refuse straight even to police and to husband.
You can directly file FIR agasint husband of domestic violence, if refuse to register and pressure for anything, complain to area SP.
You can also apply for maintenance for both you and child and divorce on the ground of adultery and cruelty. Custody of child rest with mother only.
See merely because police has asked so husband cannot untimely demand visitation you can deny him same and can ask for court order. Further you can complaint before senior police officials for pressurising you and blaming for husband's adultery.
Also.can file a complaint before.magistrate if he harasses and can file a divorce on ground of adultery and cruelty.
Apply.for maintenance for yourself and kid and ask husband to get court order for visitation police cannot force you.
Seems you are relying too much on police.
Get this issue resolved through the Court of Law.
Regards
G.Rajaganapathy
High Court of Madras
Yes, mother is natural caretaker of her on child and visiting rights would be twice in a month that also for 3-4 hours a day or two day for husband.
Even if you get the sole custody still but still father will have visitation rights
1. Yes you will get the custody of your child as custody of child below 5 year us generally given to mother and father gets visitation rights.
2. Visitation rights are decided mutually between parties.
The question is about divorce or about the child custody?
Just chatting with another female may not be an offence, in fact the court has given a verdict that even having an extra marital affair by either spouse outside marriage is not an offence hence, you can give him a warning and try to save your marriage which is a sacred institution.
However if you have decided to file divorce then you can file a divorce case on the grounds of cruelty.
If at all your husband is pressurising for child custody or visitation, you can ask him to go to court and obtain an order.
The police cannot interfere in this matter neither they are competent to give orders for visitation, you can issue a legal notice to the police for dictating terms on civil matters which has to be decided by court and not by police station.
You can refuse to allow your husband to visit the child if you do not want him to come and disturb you, he cannot go to police station, in case police is summoning you on a complaint by him, you may reply to police that you will take care of this case in court hence ask them to advise him to approach court for solution or relief.
Police cannot take any legal action on this issue, moreover the child is less than 5 years of age hence it shall be under the custody of the mother alone, therefore you may be firm in your decision without getting scared about the police action.
You consult a local advocate and proceed on his advice on all such further issues.
you can file divorce on grounds of mental creulty and a maintenance case in the court. maintenance for you children also. after getting pressure he will agree for your all demands. you can mutually take the custody of your child.
1. First of all Police can not dictate you whether you shall allow your husband to see your child or not and how many times you should allow such visitation. It is beyond the jurisdiction of police. Only court will direct you how many times you shall have to allow him such visitation.
2. You should have filed a child abduction complaint against your husband before the Police.
3. However, you can disallw your husband to visit your child for creating trouble for the welfare of your child. Let him go to court to enforce his said right.
4. File a divorce suit on the ground of cruelty and also file an application praying for permanent custody of youe child.
If you feel divorce will solve your problems, you may file a petition at the family court through a local lawyer. In all fairness, you will get the child's custody. You may oppose his plea for visitation rights strongly.
