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mdmd (PM)     19 May 2011

NRI divorce and child custody

Hello.  I went to US for further studies and started working there. I got married according to Hindu act in India (both social and registered) and both my husband and I are working in the US. I have never wanted to settle down in the US and had told my husband before my marriage. My parents have nobody except me.

My in-laws were constantly passing hurtful remarks about our not having a child. I was beaten up once quite badly. I had considered separating, but realized that I was pregnant. I did not file a case with police. I gave birth to a child and my husband moved to another state for work in the first month of the child.  My parents came to support me and help patch things up.  I decided to give our marriage a second chance. I joined my husband and started working again after some time. Though my husband did not beat me again, it was a cold relation. My husband is extremely strict with our child at times, in the name of discipline and I am afraid that she would get scared at a drop of a pin. Meanwhile, my father expired after a long ailment and my mother is all alone with no relatives. I have always wanted to come back to India, unlike my husband. I am considering filing for divorce, so that I can end this agony, but I am worried that I might lose my child (being a US citizen).

Could you please guide me if it would be possible to file in India and live here with my child, who is now 3 years old?

Thank you.

 

 



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 7 Replies

Tajobsindia (Senior Partner )     19 May 2011

 @ Author

Read this post and attached file therein which is latest settlement of SC laws on subject matter and you will get lots of desired tips !


https://www.lawyersclubindia.com/forum/Indian-courts-can-decide-NRI-couples-matri-and-guardianship-37024.asp

 

N.K.Assumi (Advocate)     19 May 2011

Thankds Tajobsindia for the citation.

Jamai Of Law (propra)     19 May 2011

You are getting rigid in your own thoughts. Taking divorce to return back to India is a stupid thought. Call your mother over there instead.

 

 

You being a single child may not have been accomodative kid, you didn't have to. That's not a wrong at all.... But in the married life pattern should change constructively to adjust to new situation.

 

 

Ofcourrse .I am not suggesting you alone to compromise here...

 

 

Your background...

you as a single child...studied overseas.. seems to chanting yet .."what was already told at the time of marriage" ... your kid borned overseas

 

 

Domination or using pressure tactics sometimes overdo...which makes things go out of hands and uncontrollable and gives a new colour to whole core controversy.

 

 

Husband gets strict to a 3 year old female child? .... unbelievable... kids barely talk at this age.  Husband is venting his frustration where he can't exactly handle your domination ..probably.

 

 

Don't mess up any further if you really want any good to come out of it.

Ashok Batta (Solicitor & Advocate)     20 May 2011

Besides though agreeing with my learned friends, I would like you to go through the latest judgment of the Hon'ble Supreme Court of India , passed in Ruchi Majoo -vs- Sanjeev Majoo's case,passed on 13.05.2011 in Civil Appeal No.4435 of 2011, which is quite akin to your problem and  I assure you that it will be of  great help to you. if you are unable to lay your hand on the said judgment, then I will send you a copy thereof by mail.My e-mail i.d. is :- ashokkbatta@gmail.com  I would be pleased in case I can be of any help to you. But in case you can patch up ,nothing like it, keeping in view,the Welfare of the child, wich should be the prime cosideration.

Pavani (na)     21 August 2013

Hi,

N.K.Assumi,
Can you please update the status of your case.I am going through similar situations.

NGOKC (pm)     21 August 2013

u re saying husband does not like the child.

Why not seek divorce in US

Its more neat, even in US custody is given to mother.

Post that u may consider moving to India.

its more difficult to get divorce in India,

 

and if ur husband really has rights to his child as well it is unfair unless he chooses to disassociate

MAN   14 November 2017

hi..

would like to have an advise on the following:

am sepaarted from my wife for nearly 3 years. she lives in India with my daughter. she has stopped my communication with my daughter. how do I make contact with my daughter?

Thanks


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