Custody of child
Ganga
(Querist) 20 July 2018
This query is : Resolved
My husband has been harassing me and beating me hence i have filed a DVA case. I have not asked for divorce but have filed for maintenance. After marriage we were staying in a rented flat as the native house if far from our work place. I am from Goa. since last one year after i filed an FIR against him for beating me my husband has left the rented flat and is living with his parents. We have been married for 5 years and we have one son who is 4 years old. My husband from the beginning has never been there for me neither our child. He was only after his parents and niece. He has a sister who has left her husband and is residing in her parents house along with her daughter. His sister and mother had also been ill treating me and my husband took unnecessary doubts on me on his own assumptions and tortured me. He was never contributing anything towards the child's expenses nor mine. The rent was also paid by me. Now he has been asking for the child's custody from court by declaring that i am incompetent to look after my child. Its been a year since he has moved out of the flat and he has just made an attempt to meet his child 3-4 times. He has been enjoying his life outside. He also had relations with other women. can you help me with regards to my child's sole custody to be given to me? I have been doing everything by my self for my child, his education, health, clothing everything.can he get the custody through court?
Vijay Raj Mahajan
(Expert) 20 July 2018
Even if is unable to get complete custody of minor child being the biological father he will definitely get visitation right that you have prevented all these years.
The child is not your exclusive property that you can stop him to see and meet his child.
Bless your stars that you are in India where for minor children of lesser age mothers are allowed complete children custody and father allowed visitation right, if it was some other developed country both get 50% custody.
Kumar Doab
(Expert) 20 July 2018
Besides the welfare of child is of paramount interest to courts.
The spouse that want custody of child need to establish before court that other spouse is unfit to raise the child and mind welfare.
Mere accusations and verbal statements may not establish....
Ganga
(Querist) 21 July 2018
How can I prove that he is unfit to raise the child? He is a drunker and also a womanizer but I need to have proof of this?
P. Venu
(Expert) 21 July 2018
Facts posted suggests that you are pursuing some pre-conceived notions. When the matter is in the Court you need to provide the evidence to prove your allegations.
