• Child custody

HI, I got arranged marriage two years back. From the first day I was facing avoidance from him and his family. My husband was working in Delhi and I was there for just two months and he took me back and left me in Kerala justifying that he is trying for transfer so stay in Kerala at my home. I believed him. The same month I got pregnant. I requested him come to Kerala, he said he cant afford leave as he is in shortage of leave. As days passed on, he was saying one or the other reason. for medical check ups he never send money also as he said he doesn't have, so please adjust. then I asked my parents for money from starting of pregnancy till delivery of child all expense was done by them. in between once I went Karnataka to stay with him and there I noticed that in his phone new numbers in were there WhatsApp (chatting) of unknown women but the messages were deleted by him and when I enquired him he was like unknown numbers. Additionally I enquired with neighbors and got confirmation of regular visits of women, For asking this we had fight in house and and in the seventh month of pregnancy he kicked me in stomach, and I got medical emergencies . Again the next month he took me back to Chennai and left me at my home. and he went again saying that the letter for transfer is under progress so he have to go soon and the pregnancy's complication increased and when I said him to come he refused to come. the premature birth of baby can happen the doc said. Then the Ayurveda medication was going of some months. And these all expenses were taken by my parents only. now I came to know he was having illicit relationships with prostitutes in Karnataka. and recently I got the HIV medicine pics from his Gmail draft. when I asked this he was saying pharmacist would have send that it. I cant tolerate his tortures and I planed for divorce. he is a man with all habits which i was not able to tolerate, and now its life threat for me and my one year old baby. Now he is saying he want the child.as he have a elder sister who is settled in Hyderabad and she is medically unfit to be pregnant. Its a planned threat of handing over child to his sister. please share your Guidance sir, first we had applied a non mutual case for which summons date is received to him but now he is agreed to mutual agreement, and we don't want anything from his side to live, as I am a educated mother( completed Masters Degree) and i can take care of my child. is it possible , sir to get custody of child to me(after 5 yrs) permanently without any visiting rights to him as he is not asked to pay any alimony?
- Is it possible to withdraw the non mutual case already filed? for which Advocate is paid half fees?
- If yes, then can I go for another Advocate if he refuses to sign?
-If I go for putting case against him including attempt to murder me and my child and kidnap of child what would be the sections filled?
- Will the name of the medicine that I got consider as proof in court?
Asked 12 months ago in Family Law
Religion: Hindu

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12 Answers

You can go ahead with the mutual consent divorce with the conditions that the child will remain with you under your sole custody permanently and he shall not be entitled for visitation rights also. 

If he is not agreeing to this condition then you can discard his proposal for mutual consent divorce

You can proceed with the pending contested divorce case. 

His habits of visiting brothel can be mentioned as cruelty and added to your contested divorce case. 

His bad habits can be highlighted in the child custody petition to show him in bad light to take advantage of his ill habits which may ruin the child's future, thus showcasing child's health as paramount, you can bring all his activities against you from the inception of marriage in order to hold your child back wit you.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can by application convert existing divorce case into divorce by mutual consent 

 

2) consent terms should provide you will have sole custody of your child 

 

3)husband  can be awarded visitation rights 

 

4) no need to withdraw existing case only conversion application is necessary 

 

5) no need to file case of kidnapping of child or attempt to murder as no case is made out 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Hi, You will get the custody of the Child. Because, if the child is below 5 years, the court will grant custody to mother only. But you can't denied the visitation right. Husband will get visitation rights.

 

2.    You can withdraw the Non-Mutual consent divorce at any time. Ask your advocate to withdraw it by filling a memo. If you want to engage any other advocate then you can  ask your  present advocate to NOC. So that you can engage any other advocate of your choice.

 

3.   If you want to file a case against your husband attempt to murder then you can lodge police complaint.

 

 

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

You can proceed with mutual consent divorce on the condition that you will get a child custody without allowing him of any visitation rights which you can further  highlight his bad habits before court to restrain him from giving any rights to contact with a child in any circumstances.

Prerit Goyal
Advocate, Jaipur
13 Answers

Not rated

1. Mutual Divorce Petition will be dismissed in default by the court if either spouse does not appear at second motion. You can also appear personally to withdraw your consent.

2. In order to get the custody of child you will have to file a petition for child custody in the court of Guardianship Judge. Ordinarily, the custody of a child is given to mother by courts unless there is evidence which would suggest that custody to mother will be antithetical to the welfare of child.

3. You are free to engage any other lawyer and you are also free to file for contested divorce on the ground of cruelty.

4. From the facts narrated by you, no case for attempt to murder is made out against him.

5. A parent cannot be prosecuted for the offence of abducting his child.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

Firstly, you will have custody for 7 years and thereafter too as court always prefer to give custody to mother and when you are able to raise child independently it won't be the issue. 

Yes, you can put medicine as evidence and also file charges for abuse you 

If you are going for mutual divorce then make sure you put this thing that child will stay with you only.

Sanjna Vaishnav
Advocate, Gandhinagar
57 Answers

Not rated

Yes you can withdraw the case filed by you by filing withdrawal application. That criminal case can be filed separately. Yes it can be proof

Prashant Nayak
Advocate, Mumbai
24933 Answers
58 Consultations

4.4 on 5.0

if your husband is agreeable then you can add that petitioner no 1 will have no visitation rights for  child 

 

since petition is for divorce by mutual consent husband consent is necessary for not claiming visitation rights 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

1. The 1st petitioner agrees to give custody to the 2nd petitioner but there is no mention in the petition that the 1st petitioner shall not claim visitation rights in the child anytime in future, hence you may add that 1st petitioner agrees  to relinquish his rights for visitation  rights too.

 

2. You should add that he has no visitation rights also on the child in future which will make sure that he wont disturb you and the child in the name of visitation rights in future.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You need to decide the same through court in above matter. Their discretion will be final

Prashant Nayak
Advocate, Mumbai
24933 Answers
58 Consultations

4.4 on 5.0

Unless he unconditionally submits to give up visitation rights citing convincing reason he will have visitation rights.

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2023 Answers
8 Consultations

4.9 on 5.0

Before the court decrees the mutual divorce petition it can be withdrawn or modified. So the clause you want can be added if your spouse agrees to it.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

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