Divorce and Child Custody Divorce and Child Custody

3 years ago

I am a working women Residing at Bangalore and basically from Tamil Nadu. I am a single mother of a 6-year-old daughter.

From beginning of the marriage, my husband has a habit of drinking and abuses me physically, verbally and mentally. He often threatens that he will kill me and the child if I go to police. Finally, considering the safety of myself and my daughter, we got separated from him. I have filed a divorce case and maintenance case in my native. In 2019, he emailed me stating that, he had filed 3 cases in different places, one in my native for child custody, one case in his native and one case in Bangalore which I don’t have any information.
In 2020, I have received abusive and derogatory messages and calls in WhatsApp and Telegram. They posted Adult Content and abused me in bad way. Later it was found that my contact number is being posted in some adult content group by my husband.
These numerous cases drain away my time, earnings, and energy. It has been a very big struggle, to travel to different cities/ courts to attend the cases, it has been more than 2 years that the cases are not proceeding well and there is no progress which is causing huge fear and stress to me.
I have applied for a passport for my daughter which was kept on hold because of court case. The passport officer is requesting for a letter from the court. Is it possible to get it? I have been requesting my lawyer and I am not getting any response from her.
My husband is not ready to give divorce and he is asking for child custody or visitation which I don’t want to give. I am not expecting any maintenance from him. I would like to get early resolution of all the cases and have a peaceful life with my daughter. Kindly advice please.
Thank you for all your support and time.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can get an order passed by the court, which will allow you to get the passport for your daughter. It will also allow you to travel abroad for a specific period. If you wish to resolve the matter as soon as possible, you need to get good assistance from an experienced lawyer. Otherwise, the other party might delay the suit even more.
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Anik

Responded 3 years ago

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A.Hi,
Of course, you can get a permission letter from the court which will allow you and your daughter to travel abroad even though a criminal case is pending in the court. Under GSR 570 (E), any Indian court would pass an order and allow you to get a passport for the purpose of traveling for a specific period of time. It is advisable that you should change your lawyer. It is very important that an experienced lawyer be hired so that research regarding the case could be done so as to get favorable results.
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