childcustody
3 years ago
sir i have a four years old daughter .recently my husband got into an affair with one of his collegue. i have all their msges and voice calls .he keeps texting her in front of me .and he is not allowing me to take my daughter to my mothers place .he is telling me to sign a document before going there .is there any such rule ?. i am a working lady .he doesnt pay any of my bills and expenses .just that i live in his house .i want to go away .to my mothers place .can i take my child .i am feeling very much torched .and am lossing my mental balance plz help
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client,
As per your inputs i come to know that your husband is having extra marital affairs which is a ground for taking divorce from your husband, as a mother you have absolute rights over your girl child as a custodian. Better once you speak with your husband and inform him that you are willing to continue you marital life with him as he engaged with extra marital life and propose him for mutual divorce which is a speedy process, else apply for contesting divorce petition.
As per your inputs i come to know that your husband is having extra marital affairs which is a ground for taking divorce from your husband, as a mother you have absolute rights over your girl child as a custodian. Better once you speak with your husband and inform him that you are willing to continue you marital life with him as he engaged with extra marital life and propose him for mutual divorce which is a speedy process, else apply for contesting divorce petition.
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A.Of course you can take your daughter with you, and you need not sign any document, there is no such rule. Try to settle the issue between you both if not possible then you can face it legally. Since your child being a minor, you will get her custody.
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Farheen Qureshi
Responded 3 years ago
A.Very first thing first u will have to be strong and mentally stable. Your husband is doing wrong to u and he should fear law and not u. If he is having an affair which of which u have proof it will be helpful for you uo fight in court.
There is no law which makes you to sign a document.
If u feel unsafe with him u can take ur daughter to your mothers place.
There is no law which makes you to sign a document.
If u feel unsafe with him u can take ur daughter to your mothers place.
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A.Dear Sir
It being a female child you are entitle for child custody and he has to pay maintenance for the child .
Please give me RANK FIVE {5} if my answer satisfies you.
It being a female child you are entitle for child custody and he has to pay maintenance for the child .
Please give me RANK FIVE {5} if my answer satisfies you.
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Suneel Moudgil
Responded 3 years ago
A.if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
(you are not required to leave the house rather stay there and take protection order)
if you do not want to opt the divorce presently, you can ask for judicial separation also,
as far as the custody of the child matter, FYI, the mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
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
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your defense.
you are free to take your child wherever you want,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
(you are not required to leave the house rather stay there and take protection order)
if you do not want to opt the divorce presently, you can ask for judicial separation also,
as far as the custody of the child matter, FYI, the mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
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
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your defense.
you are free to take your child wherever you want,
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ROHIT Jha
Responded 3 years ago
A.#childcustody
Madam,
I understand your situation. This situation is a little bit complex. Your husband is trying to act smart. Please be sure that you should not sign any of the Document given by him, it might be the affidavit for obtaining your consent for anything which can play against you in future, please be aware of that . I have a solution for you, please move out of your matrimonial home ( husband's home) without forcing on to take the child for now. The law has separate provision to file the case in court for child custody. The court and only the court will decide that who should have the custody of child, so do not worry about the custody of you child.
I also suggest that side by side you should file a divorce petition as i can see your husband has an extra marital affair, which is a good ground for taking divorce as you also have the chats and messages to prove for it. You are a working woman so it will not be complicated for you to get separate as you are independent. Further, it will also help to prove that you have better claim for the child custody.
Hope I was helpful to you.
Regards,
ROHIT JHA
ADVOCATE
DELHI HIGH COURT
Madam,
I understand your situation. This situation is a little bit complex. Your husband is trying to act smart. Please be sure that you should not sign any of the Document given by him, it might be the affidavit for obtaining your consent for anything which can play against you in future, please be aware of that . I have a solution for you, please move out of your matrimonial home ( husband's home) without forcing on to take the child for now. The law has separate provision to file the case in court for child custody. The court and only the court will decide that who should have the custody of child, so do not worry about the custody of you child.
I also suggest that side by side you should file a divorce petition as i can see your husband has an extra marital affair, which is a good ground for taking divorce as you also have the chats and messages to prove for it. You are a working woman so it will not be complicated for you to get separate as you are independent. Further, it will also help to prove that you have better claim for the child custody.
Hope I was helpful to you.
Regards,
ROHIT JHA
ADVOCATE
DELHI HIGH COURT
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Amardeep Jaiswal
Responded 3 years ago
A.Yes you can go with your daughter, No need to singh any document, you can take help from police. for aqurate legal way I want some more details .
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