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MANJUBHASHINI (nil 1)     20 July 2015

Custody

My husband is married before marrying with out intimation he married me. And we had a daughter. I have filed case against on ipc sections 498(A),494,495,417,420. And it is running in court how much time it will take for action. What would be the court decision in this type of cases. Can I apply for divorce. If I apply for divorce my daughter can be with me only or he will take her. What are rights he has on my daughter.



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 3 Replies

Born Fighter (xxx)     20 July 2015

Another classic case of the wife not knowing what she will get after filing all these cases. Mam you should have thought about the questions you have asked before filing these cases, these cases only ruin relationships. You seeem to want everything to happen in your favour, however a lot will depend on how your husband retaliates and responds to the cases filed by you.

you need to share more details of your case to get proper reply


(Guest)

The case will go on for next 10 years.  Simply you spoiled not only your life but also childs life.  Sad.

Adv. Chandrasekhar (Advocate)     21 July 2015

If you do not want to stay with him and do not want to continue marriage relationship, you can file divorce case on the available grounds.  Regarding custody of the children, as they are with you, you need not file any case.  If he wants to get the custody, he will file the case.  You can contest the case.  The court will decide the question - with whom the children should live - taking into consideration of the welfare of the children.  So, do not worry about the custody of the children.  The other parent, who does not get custody will get visitation rights.


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