Ex parte divorce and child custody

your marriage is as good divorce from last 6 years your husband never caame to your life nor took any responsiblity of your daughter , clearly states that he just want to haraass you  by not giving divorce . You can file for divorce petition and in that pray for custody of your child as daughter is with you from  age of 5 months you shall get custody of child . file divorce petition.

Regards,

Adv. NIKHIL SETH

Mumbai

On the ground of desertion you can file a divorce petition.  You can also claim maintenance to your daughter.

Thanks to all for prompt and valuable advise. I am actually more concerned abt my daughter's custody . I feel that as husband never took any responsibility (financially ) and neither he is emotionally connected with child ( he calls once in 4 months and that too to threaten me and never asks to let him speak to kid ), so my question is that that even then will he get visiting rights ? 

We live in same city and still he never asks me to meet child .

Agreed with Adv. Raju and need justice. If your husband don't want to divorce you, he may oppose it. You have to contest the case. This is legal procedure. Please engage a good family lawyer at local court,  he will file and plead your case. You have a good case to be decided in your favour.

About visiting rights, your lawyer should oppose the same. Court may give the visiting rights or may not accept the same. In case itis accepted you may appeal.

Originally posted by : Rajendra Kumar Goyal
	About visiting rights, your lawyer should oppose the same. Court may give the visiting rights or may not accept the same. In case itis accepted you may appeal.

@ Rajendra 

The husband ( Natural Father ) would get visitation rights at any cost eventually i disagree with your statement of appeal on what grounds can it be reversed . 

I am suprised at your statement when criminals too have been given visitation rights .

@ Author 

Ex-parte Divorce can only be got if your husband is not attending the case . And even in case you get the ex-parte order it can be set aside and he would contest the same .

It so happens being single and young opportunity for re-marriage corps up ( affair / Boy friend )and hence desperation crops in 

It seems your case is going to be a contested case of Divorce and hence may involve years 3,5,7 etc there is no time limit criteria .Maintanence for the child is co- extensive and both have to contribute .Custody would be based in whose favour welfare of the child lies and would be decided accordingly and taken into consideration wishes of the child .

Things are already going well for u. U peacefully living with ur daughter for so many yrs without any disturbance from ur husband. U dont want money for urself as wel as ur child. U dont see Mutual Consent Divorce in pipeline.

then why do u want to rake up the issues? have u plans for re-marriage? See contested divorce is very difficult & lengthy. Filing custody case wil open up visitaion trouble for u.............its very difficult to handle court matters for a working & custodial parent like u.

So think again about the pros cons of starting legal battle!

Thnaks for the reply. I think it is important for me to take divorce and be free from marriage that have never given me any emotional support ( to talk about financial at least ). Second marriage is also one of the consideration. Very humbly I want to ask you one question that nobody till date advised me not to take divorce ( considerating complete problem that I faced ), so I am surprised why you suggested this ?

Kindly do not feel offended. 

Regards

Neelam.

If you are able to convince your husband for mutual consent Divorce than its fine and its over in 6 months  . else contested divorce takes years and there are certain grounds for the same which have to be proved . Read the conditions for Divorce and you would realise and than file for it .

When such issues comes forth remember the child would be a disturbed person and he or she would be the most affected one . As you two being adults can take it .