LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

padmapriya (housewife)     19 September 2017

Daughters custody and divorce

I'm married for 6 years and have a daughter of 5 years old. Within few months of marriage he started his verbal abuse. He abuses even his mother. Once he was been warned by police for abusing her. He is so materialistic. He got a transfer 2 yrs back and doesnt stay with us. All house expenses and a home loan i only take care of it. His abuses are increasing day by day. Though i also work he treats me very badly. If i apply for divorce will i get a complete custody of my daughter.


Learning

 34 Replies

SHREY DAMBHARE   19 September 2017

The Court will decide whether you should get complete custody or your husband depending upon with whom's custody your child has more development and welfare in terms of career and so many other factors. You should take help of good family law lawyer before doing anything. Because, It is you to prove that youd daughter has great furture with you. However, if one party gets complete custody then under the law that party cannot deny visitation right to other party.  

Adv Radhika Mehta (Advocate)     19 September 2017

Yes you will get custody, unless and until your husband has some proof which will prove you an unfit mother.  However, the very fact that he has been staying seperately from his daughter and has contributed nothing since the last 2 years towards her maintenance works greatly in your favour. 

Siddharth Srivastava (Advocate)     19 September 2017

Why you are tolerating such person. Take the help of law and put him behind bars. He is not fit to live in a society. You may file divorce case and also custody of your daughter. The court while deciding custody always keep in mind the welfare of the child. In case of girl child mother is lways given preference.

sai narayana   19 September 2017

Be stick to your current plans, that's enough. Don't venture into criminal cases etc.

Vijay Raj Mahajan (Advocate)     19 September 2017

Custody of minor child is usually allowed to mother if the child is already staying with her. However the paramount onsideration is welfare of the child that court takes while deciding this issue. The parent who is not allowed physical custody of the child is allowed regular visitation of child at reasonable internal. Divorce by mutual consent after deciding various issues like permanent alimony and maintenance for minor child, custody of child and settlement of common property of the parties is best option for early disposal of the matrimonial disputes between both parties.

NATARAJAN IYER (Proprietor)     19 September 2017

hmmm... what advise is this ?? 

"...put him behind bars. He is not fit to live in a society "...

hmmm... how many families have you broken mister ? hmmm...

I am sure you have DARK CLOUDS of sin and crime over your head...

hmmm...

"...put him behind bars. He is not fit to live in a society "...

So who is fit enough to live in society ? Are You !! have you even pointed fingers within ??

This society is called KARMA BHOOMI as per ancient Indian ways and methods of life.

Saints and Sinners and the combination in between the saints and sinners, all exist in society.

plus and minus would exist. Amidst that, life goes on. That is why it is called LIFE and not LUST.

Family means LIFE pillar.

Divine Lust is the hall-mark of a couple's relationship and the next generation is born.

DIRTY lust is the quality of lowliest of cheapest fellows who hunt for women, married women, divorcees etc to bed and throw. Dirty lust gives birth to red-light areas and NOT families.

Hmmm....

IF ALL WOMEN WERE TO TAKE YOUR ADVISE, NOT ONE SINGLE FAMILY WOULD EXIST.

TODAY ONE PERSON'S WIFE, TOMORROW SOMEONE ELSE'S etc etc etc....IMMORALITY AND RISK TO WOMEN WOULD BE HIGH.

DIGNITY OF WOMEN WOULD BE AT HIGH RISK WITH YOUR ADVISE.

hmmm....oh My God ! what a person !!

Especially in today's society where everybody is desperately trying to save and protect Indian FAMILY system.

You are an ADVOCATE !!!

God save your clients.

 

Siddharth Srivastava (Advocate)     19 September 2017

Mr. Natrajan Iyer, restrain yourself from poking and using such uncalled language. Being woman does not mean that she should be subjected to beating and should suffer at the hands of her husband merely because she is female. Such behaviour of husband is not tolerable in cultured society and such husband should be put behind bars. Your writings is an example of facisum which is not acceptable in a cultured people. I could not understand the basis of your such experience and your outspoken attitude. Donot worry my clients both male and females are in safe hands. These days women are mature enough to take care of their self and they donot require your such guidance. Let them decide. I wish that good sense shall prevail upon you and you shall refrain from making such uncalled words.

NATARAJAN IYER (Proprietor)     20 September 2017

@sidharth srivastav

Do you know the FACTS and CIRCUMSTANCES of the case.

She has not even given a full-fledged synopsis.

Nothing is uncalled for here when you are suggesting that she send her husband behind bars.

who gives you the right to issue orders/ punishment and type the order sheet ?

Nobody.

No, the fact is that women in India are still manipulated by scheming minds of either rogue husbands/ father/ in-laws/ Advocates etc

The day when family law clearly says that it be kept out of the purview of legal domain unless and until there is a criminal offence committed and the day

when the law keeps advocates out of matrimonial disputes, India and Indian families will witness a new era of fresh and cool breeze of normalcy return to FAMILY.

Stay out of FAMILY.

Your language and approach proves you are a major risk to FAMILY and DIGNITY of FAMILIES.

 

Siddharth Srivastava (Advocate)     20 September 2017

Mr. Natarajan Iyer, refrain yourself from using such language. I have not advised you. Stay blessed.

Siddharth Srivastava (Advocate)     20 September 2017

Mr. Natarajan Iyer, refrain yourself from using such language. I have not advised you. Stay blessed.

Siddharth Srivastava (Advocate)     20 September 2017

Mr. Natarajan Iyer, refrain yourself from using such language. I have not advised you. Stay blessed.

Siddharth Srivastava (Advocate)     20 September 2017

Mr. Natarajan Iyer, refrain yourself from using such language. I have not advised you. Stay blessed.

Siddharth Srivastava (Advocate)     20 September 2017

Mr. Natarajan Iyer, refrain yourself from using such language. I have not advised you. Stay blessed.

NATARAJAN IYER (Proprietor)     20 September 2017

Sidharth Count your blessings. Now do one thing. Visit the residence of one divorcee and stay with them for one week. You will realize the OPEN WOUNDS that those families suffer from and cry in pain everyday. Life is a daily death for them. The family-flower of those families would have stopped blooming. Once you see such families and see how many advocates earn money and pleasure by breaking families, your approach to such advocates would change.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query