I have spoken to my husband about our separation and it didnt go in well. He abused me and threatened me to leave my son and only then he will agree for a divorce. When i said i will have to take the matter to the court he started yelling and shouting at me and insisted tht even he will approach court and make sure to bring me on road. Please advice in such scenario what should i do. The next morning when he was cool he agreed for a divorce and was even ready to give me my sons custody i even asked him to give me this in writing which he agreed but later very conveniently forgot. Since i stay abroad i am totally dependent on him. Also if he gives me in writing tht he is willing to give me the custody of our son can he challenge it later in future or can his family has any rights to challenge his wish. Please advice.
Asked 4 years ago in Family Law from Mumbai, Maharashtra
1. I do not think the dispute is going to be resolved so soon.
2. It will be better if you come to India with your son and file the case for divorce, criminal case against tortures and case for maintenance of yourself and the child.
3.Once you file the cases from India which favours the distressed women, he will be forced to come to an amicable settlement.
4. Whoever writes anything about the maintenance and the custody, the same can always be retracted later on as legal rights can not be wived in writing.
If you are satisfied with his version then you can demand written letter otherwise no come back to indiarand file the cases against him or file the case in the country whr you are rediding with him for domestic violence or criminal case if any with child custody.
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Advocate, New Delhi
it is advisable to obtain divorce by mutual consent. in the consent terms mention that custody of son will be with you. husband can have visitation rights. contact local lawyer prepare draft consent terms forward it to your husband
If you can convince him for a mutual consent divorce , go ahead with a mutual consent divorce , consent terms should be agreed and submitted before the court as you will have permanent custody of the child and he can have the access/ right to meet the child as per the convenience of the child . Once he agreed this in this in the consent terms and it filed before the court , later on he can not claim the custody .His family have no right to challenge while both parents are alive.
In case he is not agreeable for this you should proceed to file independent divorce petition and ask for custody of your kid. if you engage an advocate the advocate will find necessary steps to do this .
1. Your husband seems to be reluctant to agree to a consent based divorce, in which event you may return to India and unilaterally apply for divorce against him and also for child custody.
2. You may also file a case for maintenance for yourself and your child as it is his inescapable duty to support his wife and child financially. In addition thereto you may also initiate proceedings for domestic violence if you are a victim thereof.
3. He can at any time retract from a written undertaking that he will not claim the custody of his child as no embargo can be placed on the right to move court.
1. His giving in writing that he will give you his son's custody can be challenged by him on various grounds later on,
3. Better file mutual consent divorce petition wherein his consent for your keeping the custody of your son will be mentioned,
4. The said MCD will be decided by the Court after 6 months when you shall have to be present.