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ssingh (Team lead)     20 February 2014

Newborn custody

Hi,

I have been maried for 5 year and delivered baby girl  few months back.We had a love marraige whithout support of my parents though my husband family arranged the marraige.Now we have lot of issues as my in laws want me to leave job and settl with my kid in there home town.My husband has already left job and shifted to his home town.As I was unable to maintain my kid and job alone i sent my baby with my mother and she is taking care of her.Now my husband and in laws are threatning me that they will file for custody as I am not keeping my child with me.Please suggest.



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 5 Replies

Advocate Ravinder (Advocate/Attorney)     20 February 2014

Your in laws nor your husband can force you to leave the job. You can file a criminal case on them in this regard. If you leave the job you will be lenient/down in the eyes of your in laws and your husband. You have to lose your self esteem. Court will give custody of child only to the person where the child has better love and affection. you have to file a case for custody of child. If the child choses to be with you in the court, the custody will be given to you. You have to gain the love and affection of the child. Apart from this if your in laws harass you, you can file criminal case under Sec. 498-A of IPC.

T. Kalaiselvan, Advocate (Advocate)     20 February 2014

It is a matter of just simple adjustments within the family.  If you do not want to resign the employment, you can very well take a transfer to a place near to your mother in law's home town, if there are no chances, you can bring down your mother in law to your place to look after your child, you can adjust with your husband on this issue.  after all the child is your husband's pet too and also a pet of his people too, so you do not have any rights to deny them the child's fondness and also cannot stop there love and affection to the heir of their family.  Petty issues, if given a justified thought and patience hearing, everything can be solved, think wise while things are very well under control and can be solved with alternate adjustments.  Do not become a cause for your own debacle.

Laxmi Kant Joshi (Advocate )     20 February 2014

Your case is so simple pl. don't make it complicated , do some adjustment about your job if possible find a job in your husband place, ego and adament attitude spoils the relation and bonding among the family members , your in law had supported you in your marriage they have all rights over your and yours husband baby , give regards to their love and affection and save unnecessary fights in the family .

Advocate Ravinder (Advocate/Attorney)     23 February 2014

I agree with laxmi kanth joshi.

Advocate Ravinder (Advocate/Attorney)     28 February 2014

I always will be in favour of adjustments and compromise.  But as there are constant threatening from the in laws side to leave the job, I had to advise to file 498a case.  There is no support from her husband, inlaws both monetary and financial support.  Over and above there is a child to be looked after.  In these circumstances, if she leaves the job, how can she maintain herself.  She had also put some of the burden on her parents to look after the child.  In view of the above facts I had to advise to file 498a.  I do not have intention to spoil thier family life. 


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