custody of baby girl
santosh kumari
(Querist) 19 December 2013
This query is : Resolved
dear expert I am 30 yes old married woman ,mother of 2 year old baby girl.I have 1.6 years of working experience in teaching as school teacher from private schools.am Survival of dowery+female baby birth harassment case.
my husband is Marine engineer who sails in ships for 6-7 months in a year
my query
1. am I laibale to get custody of my daughter
2.how long it will take to get divorced
V R SHROFF
(Expert) 19 December 2013
In all case, u will get custody of baby girl.
u will get abt Rs. 25,000 towards mtn of 2 children .
y u want divorce?? He is on high sea, and cannot trouble u.
his salary must be 6 times your earning, and u 2 can get mtn.
he cannot c what u r doing here,
he on high sea cannot do anything else!!!!!! but earn.
Rajendra K Goyal
(Expert) 19 December 2013
Try for an amicable settlement.
If you approach court, you would get custody of girl child.
Mutual consent divorce take 6 months to 1.5 years contested may take years.
Devajyoti Barman
(Expert) 20 December 2013
If the daughter is with you, then there is no question for application for her custody.
The divorce case in India does take sometime which is generally not less than 2-3 years.
R.K Nanda
(Expert) 20 December 2013
NOTHING TO ADD MORE.
santosh kumari
(Querist) 20 December 2013
Than experts
V.RShroff sir::--
I want divorce because
1.he is going to prositituts,has no physical relationship with me except I conceived this baby,he never gave me single penny,not ready to keep me separate from his parents ,his parents arensaying''tu maregi tab sabb much thee hooga''
I am afraid they may kill me
Rk Nanda sir,Barman sir,Rajender sir,shroff sir:::-
I met a local lawyer....he said "" your daughter is their property after 5 years old she is.if u fight for baby,court may put baby in nari niketan.
I don't want to loose my baby,right now she is with me
How true is his suggestion
V R SHROFF
(Expert) 20 December 2013
daughter will remain with u only.
no one compels you living separate and get mtn, as well as separate residence.
So my suggestion is best in the scenario.
V R SHROFF
(Expert) 20 December 2013
NOTHING TO ADD MORE.
ajay sethi
(Expert) 20 December 2013
you will get custody of your daughter . since your husband is sailing for 6 months in a year he cant be awarded custody . your husband will get visitation rights
santosh kumari
(Querist) 20 December 2013
Thank you sirs!!
Big relief I got,thank you so much.
He (husband) was telling that,,,he is looking for job in port .
Then sir?
Can I legally ask for residence to be provided by him along with maintenance
About physically relation , I know I can't compel him.
I
prabhakar singh
(Expert) 20 December 2013
It is wrong to tell you that you would not get custody of child.The child is already with you.
You and your baby has right to maintenance and separate residence through cases of 125Cr.P.c. and Domestic Violence case.
So for divorce is concerned proving that he goes to prostitutes would be a bit difficult for you though you are right 90% merchant sailor do it.
Better opt ground of cruelty for divorce.
santosh kumari
(Querist) 20 December 2013
Prabhakar sir:-
Thank you,
I can prove that he is going to prostitutes as I have certain proves with me
Now what I want is
1.my daughter ( my husband u know,father in law was decomissined due to attempt to rape in Indian navy when he was working.my daughter is not safe there)
2.componasation
3maintenance
4. Security ( monetary n non monetary both)
Elders r telling to go for mutual divorce, but husband is sailing,I don't know in which company,his father not attending my call.
I am just wasting my time
Please suggest me,how should I move
I can sue but getting justice it may take years,in may not get remarried then
T. Kalaiselvan, Advocate
(Expert) 20 December 2013
You are putting too many questions but want only one or two answer; since your child is with you for the present, you dont need to apply for her custody now, if your husband files a case of that nature, you may contest that on the basis of the merits and ground realities, you can file a divorce case, but the grounds for divorce have to be invented by you alone, because your statements denote very vague grounds, consult a lawyer locally and take his advise on the subject.
santosh kumari
(Querist) 21 December 2013
Thank you for the advise kalaiselvan sir
Would request to read my full happening under the topic
Subject : Dowry + female baby birth hrasshment,domestic voilence
Posted on 18.12.13
Devajyoti Barman
(Expert) 21 December 2013
you are adequately advised..now act as per advices.n
