Divorce alimony and Child custody Divorce alimony and Child custody

5 years ago

Me and my husband are married for 5 years, with a 21 month old son.. My huband, lied to me before marriage about his education and his work.. During the complete 5 years of marriage, he was sitting at home and doing nothing.. And all that frustration he took out on me and my Family.. He abused me badly in all the 5 yrs of marriage and also my parents.. Due to all this, after 2 and half years of marriage i started chatting to my ex (creating a fake email id), whenever i was at work.. i met him twice during the course we were talking in public.. I spoke to him (through chats and phone calls only as he stays in Banglore) from approx Aug 2014 till Jan 2016.. After which i got pregnant and stopped talking to him.. again after couple of years he called me up in Nov 2017, just to check on how i was doing and inform me that he's getting married.. but since i was going through a very bad phase in my life (as by then i have left my husband's home 3 times and got back as they apologised), on one of the days i got very romantic in the chat we had.. and also sent him my intimate pictures when he asked me for it..This was in Jan 2018..
One day, (I believe Feb 8, 2018), my husband saw something in the history about that fake email id, and i had to give him the password of that id, deleting evrything in it.. But my husband fought with me over that and since i also tired of his abuses n behavior i left his home.. Next day, he recovered all teh chats n email i had with my EX talking to google guys, and he strted thretening and torturing me to leave my job n compromise with him,,, but i didn't do that..
now it's been close to 6 months i am away from my husband, but he's still using those chats to torture me and threaten me that he'll take my child's custody.. Child is with me since last 6 months and my husband also doesn't earn anything.. he just sits at home while spending his father's earning.. Is there a chance he can get child's custody if we file a case in the court.. and can i get any alimony amount in this case

Ambrose Leo

Responded 5 years ago

A.You have a fit case for Divorce and custody of child and maintenance ,better to consult a Professional senior family matter expert lawyer to take up the case on all aspects of the issues. It is the court which will grant after recording the issue, now it cannot be predicted.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ramalingaiah Mulakatte

Responded 5 years ago

A.Child custody will not go to him. So also, you may not get alimony as he does not earn, as per your statement.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

He is not earning anything, but he does have properties of his father.. and also has money in his bank account which his father deposited.. also, now he's using the chats (with my ex) and my pics (li'l undecent couple of pics of mine) against me.. by showing it to all the relatives.. Can i report this to police and have all these evidences deleted..

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Neeraj Kumar

Responded 5 years ago

A.Hello there,
The answer is NO he cannot get the child custody. And the second question what you have mentioned for that again my answer will be NO because you only mentioned he(your legally wedded husband) is not earning anything and sitting idle in home.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.U can claim maintenance both for u and ur child.so far ur child is concerned, u will get maintainence and considering the age of the child court is not likely to give custody to your husband. But you can be denied maintainence due to your relationship with your ex as it amounts to living in adultery.It can also be ground for divorce.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

He is not earning anything, but he does have properties of his father.. and also has money in his bank account which his father deposited.. also, now he's using the chats (with my ex) and my pics (li'l undecent couple of pics of mine) against me.. by showing it to all the relatives.. Can i report this to police and have all these evidences deleted.. is there a chance he can get the child custody by filing cheating case against me ?

Placeholder image

Nirmal Chopra

Replied 5 years ago

Custody of the child can be taken by him if he proves in court anything adverse against you regarding ur conduct which can harm the child or creates a doubt about ur intention to look after the welfare of the child.

Placeholder image

Anonymous

Replied 5 years ago

I only have the conversations with my ex, but do not have any physical contact with him.. I believe the adultery is only when i am physically involved with him.. Which is not the case here.. the pictures i am talking about is only my pictures but not with him.. Would he still have any chance to prove anything against me to get the child custody ?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Mohd Imran

Responded 5 years ago

A.he will not be able to get the custody of child. As he is doing nothing and it would not be in interest of the welfare of child to entrust him custody.
For other issues you may contact me in person to discuss in details.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.Hello Mam

Gone through the details of your case. Since the Child is with you there is no issue till he file a case for the custody of the child against you. There are many more important things to discuss with you regarding your case which we cant write on this public platform. You can call us by taking details from Vidhikarya or click consult button. Need not to worry.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDivorce planning due to extramarital affair
Dear Client, Yes, you can go without her. Actually it depends how quickly you would like to finish the case. There is no set standard rules with regard to number of times. But it can be solved otherwi...
question iconDivorce
Dear madam, File maintenance case and domestic violence case. If necessary file 498 A CRPC case
question iconNeed Advice ..
U should file RCR petition. And send legal notice through lawyer
question iconHow to file a divorce petition?
Yes you can file a divorce petition and you will have to have a reason for filing the case. You can site mental cruelty as one of the reasons.
question iconDomestic voilence
Dear Sir Just file series of cases against him
Divorce and Separation Lawyers