child custody
Querist :
Anonymous
(Querist) 06 July 2015
This query is : Resolved
Sir I am awaiting my mutual consent divorce judgement this month. My age is 29yrs. I have a single girl child age 1.5yrs. I am seeking sole child custody from my spouse. Being a mother and my husband being mentally unstable and abusive can I win case in my favor without even giving visitation rights to my spouse? I am seeking separation on the grounds of physical and mental torture by spouse and his family demanding money. My spouse is proven case of mental illness which his family hid from me. But I hav not mentioned this I my petition. I also want to know what are the legal clauses to be amended with my divorce case in connection with my child and what are the scope of any issues arising in future for my child with regard to the custody issue. Should I make some preventive amendments when signing for the final divorce papers because neither am I willing to contact this person in future for any purpose nor would I want my child to. Please note that I reside abroad n my spouse in Chennai. I left abroad when I was pregnant with this child and myself and my child have never seen him since then. Thanks for helping.
P. Venu
(Expert) 06 July 2015
It is always the case the mother gets custody of the child, that too a girl in tender age. As regards to visitation rights, it depends on the facts and circumstances pleaded and proved.
