Legal Question in Family Law in India

Dear Sir,

I am an Independent Academic Researcher...going through a very bad phase of marital relationship...living in separation for last 8months(not Legally)...no material, financial contact with husband...my child is too small just completed 1year...i m extremely attached with my child! I was doing job as a teacher ...i have never asked my husband not to visit my son...but he is egoistic nd his entire family is extremely egoistic, violent, revengeful politically shrewd, critical...he disturbs me over ph with dominating voice, filthy languages,abuse for last 1year i have been constantly subjected to emotional violence nd mental torture that forced me to take job in other state nd leave...he used to pay aya nd child expense...but now aya expence i maintain...i take care of my child but he always humiliate me...undermine me as bad mother...stigmatize my character,family etc...i m being stressd out due to constant thrash...his family provoks him frm behind...he forces me to gve child to his family ,his mother ...sen him to their home...i donot have contact with thm ...how can ii leave my child-1yr like ths?

I have tried my best to discuss but he has not cooperated...there is cultural gap between two family...their family background very violent...self defensive nd compulsive liar! no sensitivity! i have promising career ahead! they r jealous of that! I Cannot give child my husband for taking out...he can come nd visit ...nd his family member as well...i have stopped talking to hm over ph for my health ...

I want to know can I avoid him in this way? Can he forcibly snatch away my child? after 5yrs can he snatch away my child? boy child mine...what kind of legal steps I can take against his harassment exercised upon me over ph etc? can I refuse to hand over my child to him for taking him out for 6-7hrs...?

I want complete isolation! for my betterment and my child's welfare! I want no financial assistance only peace...I want to offer my son the best upbringing! values...ethics..morality ..humanity they r very much important that my husband nd his family lack...they consider my son as family property and myself as surrogate mother! it is feudalistic! actual love is missing that will offer him proper growth!

pls DO HELP ME! I ALSO NEED EXPERIENCED LAWYER REFERENCES DIVORCE-CHILD CUSTODY RELATED IN KOLKATA...FEMALE ND MALE BOTH...

Regards

Dr. Anindita Roy Chowdhury

+91-9830352126


Asked on 1/31/14, 5:39 am

4 Answers from Attorneys

Dear client,

At first I like to tell you to be cool and take care of your child and academics.

Take steps to record all the comong to your phone and transfer the call recordimgs to computer with separate folder for eachday. Ask for an itemised bill details of imcoming call with date time and duration. Do not get annoyed and raise voice when ever you get a call in the language told by you. After getting the call records of a month, just copy the calls on CD and file a complaint to the womens cell attached to the police station with details of the complaint very brief with time date duration number and whom and with narration if possible.Once you file a complaint on this lines the phone calls in abnormal language will stopautomatically. Do not get upset that in the matter of child. Nobody can snatch away the child from you. You need not worry in the matter of handing over the child in the case of next 6 to 7 years. But if he files a guardian OP you are required to produce the child in court and your husband can be with him under court supervision for 1 or 2 hours. In normal cases usually children are in the custody of mother except when the mother remarry. In your case you have means and capacity to guide your child. I am of the opinion that family matters are to be dealt with patience rather than court and law. In your case you are required to attend a family councelling at the nearest govt. Hospital after talking with you, they might suggest to bring your husband or they will call him. Since it is a govt. Hospital they will maintain upto date recotds of the councelling done and if your husband is so adamant you can use this as an evidence against him.I think it is necessary for you to meet a councellor at the earliest soce you are very much disturbed because of problems. If you need any clarifications just call me om 09387714156 anytime.Reasonable professional charges apply,payment by a/c transfer.

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Answered on 1/31/14, 7:06 am
Santosh Goswami,Advocate sure shot legal

Dear doctor

Its sad that despite being a qualified lady, u r suffering.

Yes, he can be stopped from harassing you by simply filing a police complaint. You may also prefer filing a complaint under D.V.Act. Secondly, as u know that custody of child aged 5 or below is generally given to the mother, his snatching of child is not possible.Therein police will come to your rescue. But at the same time, the father has the visitation right in law. His right can only be defeated if there is apparent danger on the life of the child, or bad impact etc. I m not in Kolkata but can give u a reference and other help.

919555462995

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Answered on 1/31/14, 7:07 am

Dear client call me on 9422611384 so discuss problem in detail

Adv prasad patil

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Answered on 1/31/14, 7:20 am

yes you can file complaint in police for her harassment and even refuse your husband to met him.

Good luck

[email protected]

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Answered on 2/02/14, 8:51 am


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