• Legal protection of children

I have two childrens. Girl is 11 yes old and boy is 7 years old. My husband working in Assam industrial security force. I am staying near my fathers house in my own home. My relation with my husband is going so bad as he is big drunker and every time he try to insult me over phone and blame me that I am having affairs with someone else which is not true. I tried to handle this matter but now it is out control. His nature is so bad when he drinks any looks for other females. Now he is trying to take my children away from me and trying to keep them some hostel and he will take care of them. My children cannot leave without me and myself also cannot leave without them. Please give some solution thus he cannot take my children's away from me and we can get rid of him.
Asked 1 year ago in Family Law from sivasagar, Assam
Religion: Hindu
1) file for divorce on grounds of mental cruelty 

2)  make application for child custody 

3) custody is generally awarded to mother 

4) welfare of children is paramount consideration 
Ajay Sethi
Advocate, Mumbai
27206 Answers
1477 Consultations
5.0 on 5.0
Hi, because of strange relationship between your husband you can't allow your husband to  take the children to the hostel.

2. If your husband is trying to force you to take the children from you then file petition under guardian and wards act for custody of child.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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You do not allow the children to leave you, you can file a divorce case on the grounds of cruelty and also can file a child custody case if the children are not in your possession. 
T Kalaiselvan
Advocate, Vellore
17343 Answers
165 Consultations
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1. You can file for divorce if you want it, but divorce has no legal bearing on the issue of child custody. A claim for child custody, is substantive in nature, which operates in a different sphere, untrammelled by the divorce proceedings.

2. If you apprehend that he may take your children away then you may file a case for child custody and also seek a restraint order against him.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
You can file for custody of your children in the court. Once the court grants order on favour of you even he can't do anything. Do mention the court about his drinking problem. 

Even if you file for divorce you can claim custody of your children. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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