Tina Patel 14 March 2022

Custody of children and divorce

I had a love marriage after my unsuccessful first marriage and that was not any issue with my husband he knew about my past . I got remarried in 2011 and we had two kids daughter in 2012 and son in 2015 and I am working in government sector since 2014 my husband stopped working after my second child because of my duty timing and it was our mutual decision. My bad fate ... my husband's younger brother my cousin wanted to buy his home on my salary and I said no for that as we didn't had our home so my husband started to torque me physically and mentally he even didn't allowed to take care of my daughter. we have been separated since first lockdown he hadn't allowed me to meet my kids since then. and he had filed case for his and children maintenance.
I just want my children custody and divorce.
My question is can I get custody of my children??

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10 Replies

Himani Chouhan (Advocate) 14 March 2022

You can get custody of your children by taking proper legal remedies.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate) 14 March 2022

Hello,

You have to approach court and file application for custody of your daughter.

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anubhav Bhatt 14 March 2022

Dear Client, Yes you can get the custody of your children via court for that you may file an Application before Court or you may also approch High Court for the purpose of Custody of children in that purpose file a writ of H.C. before court for more clarification you may contact us then I'll elaborate properly.

Advocate Anurag Bhatt
Allahabad High Court
📱 9198889990

1 Like

Vivek Raj Chaudhary 14 March 2022

take court help for mutual concern , only court have power and there is no discrimination of mam or woman

1 Like

Shashi Dhara 14 March 2022

Your children's are ready to stay with you or not confirm ,and file suit for custody of children.

1 Like

Advocate Bhartesh goyal (advocate) 14 March 2022

You have to file petition for custody of your children under provision of Guardian and Wards Act in court.As you stated that your husband is doing nothing an jobless and you are in Govt job so you can do better nourishment of your children and main consideration to give custody is welfare of child so file petition.

1 Like

P. Venu (Advocate) 15 March 2022

latter part of your posting lacks clarity. Anyhow, as the mother you are entitled to seek custody of your minor child.

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ankush agarwal (Advocate) 17 March 2022

it is the legal duty of husband to maintain his wife and children. If your husband is not able to maintain your children then it is his fault not your. To claim maintenance of children he has to show you have volenterly leave the children and he is not able to maintain the children due to some physical problem. If he is not able to maintain the child and claming maintenance from you then he is not entitle for custody of children. further you are the one of the natural guardian of the children and no one can stop you from meeting the child.

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Tarmim Ahmed 17 March 2022

Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance. Maintenance is divided in to two parts, specifically: 1) Interim Maintenance 2) Permanent Maintenance (By far the most complex, difficult, challenging and important issue during divorce proceedings is that of child custody. It is often the case that children of any age are exposed to pain and suffering that is no fault of theirs. In almost all cases, both parents want to retain custody of their child or children. In the Indian system, the custody of children is decided by the Court of Guardians and Wards. The Court holds the welfare of children as the most important issue to be decided in proceedings where custody is being sought by both parties.) Tarmim Ahmed law students 9817250398

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Tina Patel 18 March 2022

p. venu sir ... currently I'm working in my native place Mehsana North Gujarat