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Helpseeker (Manager)     26 June 2015

Child custody in live in relationship

Hi, I got into a live in relationship with my partner basis the understanding that we will get married in near future. We both are divorcees. After we started living in, we had problems like any other couple, but eventually we had a child out of the relationship. We decided to get married and at last moment, she back tracked. To an extent that both her n my parents were ready to go to the arya samaj temple, but at last moment she decided otherwise. Since then it's been a roller coaster. She is an NRI and now wants to leave india with the kid, and wants me to sign all passport and visa docs for the kid. When I ask about our future, she says she does not know. Wjen I request her to continue living in india (she is of indian origin), she says I can't force her to do so. When I say I am afraid of signing papers as this will give her free hand to take the kid away, then she threatens that I am blackmailing her to get married forcibly and get visa through her. I have been trying visa on my capability, but due to my age and not meeting points criteria, I am not getting one. I even requested my employer but it looks like a long drawn case. Now her so called depression and regular fights, abusing, hitting has started effecting the child too. She accuses me of all the problems in her life, she curses me and my family who is not even in india everyday, she tells me every day that she prays that I should die but continues to live with me may be because of the small child. She has also gone to an extent to call police and threaten me not to argue with her when she is on her abusive best. It is deteriorating with every passing day. It seems she is with me only for the sake of the baby. Please help me understand my rights in given circumstances. Can she keep the child forever and take her abroad without my consent? In case she decides to go abroad with the child, and asks me to visit there, does law allows that, because it does not make sense as visiting my child every weekend abroad is not practical. Can she take the kid away and live with her parents in india? What are my best options.


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