Upgrad LLM

divorce & child custody


 

Dear All,

I have some family issue as follow : Kindly read and reply what action i have to take , guide me proper steps i have to take. Currently I’m staying in UAE.

I'm physically handicapped person. I get married on August 2008.At the time of marriage i have not demanded any dowry our gift from her parents or from him, I have give 80grams of gold as Mahar per Islamic law and get married. Now we have a kid age 1 year old.

The parents of the girl deliberately cheated me as follow

·          She was already married with another man they have suppressed this marriage to me. At the time of marriage registration also the girl has filled the application as Spinster & 1st marriage column has deliberately kept  blank.

·          And also disclosed with me that she is a B.Tech Graduate before the marriage & after the marriage they have advertised in the Local news paper on the day of marriage and along with her name B.Tech degree also incorporated. Also her father has given me the fake degree certificate to me after the marriage confirmation. But the true fact is she has not succeed WITH B.Tech degree still. on believing the word of her father and the document he have given to me I have  get married to her.

·          Now she is a mental patient . She was in regular treatment for her mental illness. After marriage on my limited visit she was seemed to be perfect, but recently I have faced lot of cruelty with me and child when she travel in uae and we are staying , on this time she behaved abnormally and disturbed us and flate mate and by the aid of city police in uae  we have admitted to the hospital and she became normal after 10 days. After that I have taken him back to india. I have all the reference of the treatment done in UAE, and also I have traced out the doctor in India where they are taking treatment hidden. I have the discharge summary of the treatment she has under gone in this hospital in UAE and the voice record of the doctor which I have spoken in India. Due to the medicine he have taken , she is not able to feed breast milk to my child.

After she went to India her father is threatening me and parents that they will launch a severe police complaint against me and my parents. In this situation I decided to divorce her and I need my child with my custody.

So please advise what are the steps I have to take to divorce her and same time I have to take my child on my custody.

Expecting your feedback as soon as possible.

 

Regards

Yoonuse

 

 
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advocate

apart from your muslim law, you can divorce and file a petition for custody of the child, where do you live?

 
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Thanks for your advise,Currently I'm staying in UAE, My Native Place , Trivandrum @ Kerala.

What action can i take if she has filed false dowry case from her & her parents. I have all the material proof in my hand of all her cheating, She have some fake mobile records in her hand , did it will work for to go against me.

What is the possibility of percentage of getting my kid on my custody. After the delivery she was not able to feed properly the breast milk , coz its side effect happened due to the mediceine she has taken while she is in pregenent and after.

 

Please advise

 
Reply   
 
advocate

you have pretty good chances for going High Court...   dont worry... you can also file cases against her for cheating etc.. just consult your lawyer...

 
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