margo (nil) 13 June 2012

Custody and divorce

I have been married for 4 years now and have a daughter 2 yrs. I am married to a person who doesnt respect me as a wife and is not ready to accept his fault. He constantly keeps insulting my family and upbringing and if of the opinion that in all aspects i am right. Before making any final decision of divorce i would like to know the following.

1. If i file for divorce, do i get custody of my Daughter and can i file for sole custody????

2. For maintanence how much can I or should i claim from him. He is an engineer and working abroad. I have been out of work after marriage and we dont have a Joint account.

3. Can is decide on when he can meet her, and if supervision is needed as there is a possibility of him brainwashing her.

Please advise as I am really at cross-roads on what to do. It has come to a point where I am finding it difficult to make a decision, If you know of any counsellor in Pune, please please let me know ASAP.

Thanking you.

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 June 2012

Dear Querist,

1. Yes you can file an application for custody u/s 26 of HMA in the divorce petition itself, considering the age and s*x of child - you are likely to get custody.

2. You and child both are entitled to maintenance which may be (approx 40 % of the salary)

3. Yes visitation rights are normally allowed, brainwashing of such a young child won't help him at all as courts won't take preference of chlid in consideration as child is not old enough to make a preference.

Feel free to talk !

Raj Vikram Singh (Software Engg) 14 June 2012

This looks one sided story and he may also have similar. Such differences can be sorted out with good marriage counceller easily. Dont take legal action as this is one way road only.

Try to talk and save marriage atleast for baby's sake and dont make her fatherless. Recent UK study proves that relationship with both parents is crucial.

https://www.dailymail.co.uk/sciencetech/article-2158671/Love-father-contributes-childs-development-mother-study-claims.html#ixzz1xmHhjACo

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 June 2012

The child custody is decided on the sole criteria of with whom the best interests of the child lie.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

MRRpersonality (Knows very little about Indian laws) 15 June 2012

why do you want to think about divorce just because you have difference of opinions on "I am right, you are wrong" kind of arguments ? Everyone can be wrong several times and that's how we will learn. Havent you done anything wrong ? Before thinking deep on who is right or wrong, have thought about approaching your friends or his friends and tried to figure out what is right for your family ? Please try to approach the issue from the child's welfare point of view. If there are more serious issues that you have not mentioned here, then you have right to take the path of divorce. In which case,

you will most likely get the custody of the child as the child is too young, if you are granted the divorce. Are these grounds strong enough to frame them as cruelty to you such that the court can grant you divorce ? You will be entitled to maintenance for you and your child.