Legal Question in Family Law in India

Custody of my 5 year old son


i am 30 yr old women married in 2001 and have a 5 yr old boy.

i been seperated from my husband(age 38) from 2003 (since the baby has took birth), my boy is with my parents and i am working in MNC and getting 3lac pa.

my husbabnd is a govt employee and getting around 20000 pm.

As they asked dowry and metally and physically harassed me before i conceived and during i was pregnant, and my husband had extra -marital affair with his cousin sis. Once i came to my mom's house at 7th month of pregnancy my in law family and my husband were not very keen to speak with me. but once i had my baby they chased me to come back but i was frustreted and continued my studies.

I wonder as my son is now 5 years they can go to court for his custody, kindly let me know the proceedure and legal rights and aslo what should i do if they go to court?

please tell how strong my side will be as my son is 5 year old.

Asked on 5/24/08, 11:04 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Custody of my 5 year old son

All depends on how your lawyer presents your case and weakens his case

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Answered on 5/26/08, 8:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of my 5 year old son

You have a very strong case against your husband and his family on the basis of facts disclosed in your note.

You are entitled to reutrn of entire "stridhan"; you could file a criminal case against your husband and in-laws for demanding dowry and for committing cruelty against you; u/ss 498-A and 406 of IPC

In view of the provisions of Domestic Violence Act, 2005 you are also entitled to the "residential accommodation" for yourself and for the child which accommodation was earlier shared by you with your husband.

Since your income is more than that of your husband and since the child is throughout with you, unless you disentitle yourself by any bad / wrong behaviour and the child is not wanting to live with you at any stage, you are likely to continue with the custody of the child; however, the father may get visitation rights from the court; you should move a case for "exclusive custody" of the child immediately.

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Answered on 5/24/08, 11:19 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Custody of my 5 year old son

Your case depands on your lawyer and his presentation of the case.

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Answered on 6/08/08, 2:28 pm

Re: Custody of my 5 year old son

Father is the natural guardian of a child but you have a good case as till date you have taken care of child. Rest depend as to how you built the case and what kind of case is filed by your husband? In case of any need consult with all details.

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Answered on 5/24/08, 2:40 pm

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