Simran Arora 24 November 2015

Custody of my girl child

HI,

I have moved out of my alcoholic husband's home and staying in a rented flat next to him. I have a 10 year old girl child. I let my child visit her father in his home when he is sober. Yesterday, my husband threatened that he is getting his parents and the child would stay at their place for maximum time. She would come to my place in the night for sleeping. I am not comfortable with this. I dont mind my child visiting them all once a day and would want to limit that time. Also, I could have moved somewhere else and not stayed there. In that casse he would not have got access to the child so frequently. This way he is getting all the convinience minus his wife. I am scared that my MIL would brain wash the child and in long run I will loose the custody of the child. Please advise what can be done to save this custoday and restrict access of this alcoholic father and his parents.

thanks.

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2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 24 November 2015

As u have moved out of your husband place. It is clear that you don't intend to stay withhim and continue your marriage. Taking s long term perspective it'better u file for divorce seeking custody of your child as a relief in your petition. That shall resolve your issue and you can claim maintainence expenses of yours and your child too through divorce. Regards, Adv. Nikhil Seth Mumbai 9867264707

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 November 2015

Dear Ms. Arora

Immediately file a Guardianship Petition before family court under section 25 of Guardian & Wards Act-1890 along with an interim application u/s 12 of GWA for interim custody and also file an application under Order 39 rule 1 & 2 of CPC r/w section 151 of CPC and get restraining order from the court to restrain them to visit the child without the court permission/order.

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