Child custody
nisha
(Querist) 18 April 2015
This query is : Resolved
I have been married for 3.5 years. I have a 1.5 year old daughter. My husband used to desert me by leaving me in my mothers home. I used to go back to our home. This happened for 4 times. I do not have proof for it. Now he deserted me and I have not gone back since its becoming a habit of his. Dowry is the reason behind all this. I have been subject to both physical and mental cruelty. Once again I am at loss of words for proof. Now I am planning to apply for divorce and contest for child custody. In general custody is granted to a mother but I have certain doubts regarding my case.
1- I have a brother who is MENTALLY RETARDED with cerebral palsy. He is a 100% dependent and thus resides with me.
Can this be sited by my husband that it is an unhealthy environment for my child to grow in? my brother actually takes very good care of my daughter, better than my husband.
This can be proved if my daughter and my brother are left together for a play time. Will the court accept such proofs?
2- I am jobless. I was employed in a public sector bank but resigned.
Can this be sited by my husband stating that I am financially not sound? This is again false because my ancestral property comes to my rescue.
3- My father and mother are in trial for disproportionate assets case. Judgement is due.
Can this be sited by my husband that it is an unhealthy environment for my child to grow in?
Can a mere case in trial affect child custody?
Can the case affect child custody if they are proved innocent?
Can the case affect child custody if they are proved guilty?
Nadeem Qureshi
(Expert) 18 April 2015
Dear Querist
all the facts may be raised by your husband but its depend on the court, if the court think fit that the welfare of the child is with you and the child is also willing to live with you then the child custody will be provide to you.
if they proved guilty then your case will be very strong.
Rajendra K Goyal
(Expert) 18 April 2015
Your husband may raise these points but being mother and considering the age of the child, court may hand over the custody to you.
You can ask maintenance for yourself and your child presently.
ajay sethi
(Expert) 19 April 2015
custody of child is generally given to mother merely because your parents have been charged with offence under prevention of corruption act is no ground to grant your husband custody .
Guest
(Expert) 19 April 2015
Child's custody not justified on any ground discussed by you. The question of custody of child canot arise before your judicial separation, as husband and wife on grant of divorce, about which you have not discussed anything about the application for divorce by any one of you.
Moreover, a case on your father or mother has ni impact on the mind of child, when the child is supposed to live with you in your matriminial home. If he deserts you prefers to keep you and your child at your parental home that is his own fault.
SAINATH DEVALLA
(Expert) 19 April 2015
Nisha another new query from U.
Child custody
Divorce on grounds of cruelty
Divorce
Divorce on grounds of cruelty
Divorce
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Divorce
Divorce
Every query U state as if u are the victim
SAINATH DEVALLA
(Expert) 19 April 2015
The query posted is worth for a good opinion and advice, but the querist has to answer my questions.
nisha
(Querist) 19 April 2015
@ Mr. Sainath Devalla
Please post your questions. I will answer.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
Since the child is presently in your custody, let his first apply for it and then you think about challenging it on the grounds he claims custody before that do ot go for guesses.
