Legal Question in Family Law in India

Please Help

I am getting divorced, have been seperated for over three yrs and in courts for over 2. I also have a child (7yrs) who has been with me thru out. He must have met his father a dozen times in last 3 yrs.Now when I asked my lawyer to make sure that I get full custody till my child turns 18 he says its not neccesary since the custody is with me and there is no reason why that would change.But I am pretty sure my ex would apply for custody after my child is a bit older and dont want to risk it and so want to tie in this loose end right now while we are in the court.

Please help me with the points that I should cover and kindly guide me as how I should go about doing this.Do I need to file a seperate petition? I am asking this in this forum because my lawyer would not take me seriously.I cant even contemplate handing my child over to my ex for any reason.

The second thing is that my lawyer asked me to sign a consent document while in court in front of the judge and I did.I did not know anything about setting the terms of consent first.So I am feeling let down now.Want to know if my ex can get away with not paying any alimony because of this..is there any solution to work around this problem.

Please help me.

Thanks


Asked on 7/07/09, 12:24 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Please Help

you should not have signed any papers or given any statement before the court without understanding what is written in that consent statement. better get the certified copy of that statement and post it here or send me an email.

in case you want your alimony and custody of your child till he turns 18, u should make it a pre condition of divorce. you must not proceed with divorce by mutual consent unless both the conditions are met and agreed upon by your husband.

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Answered on 7/07/09, 12:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Please Help

Yes, you may inspect the court file by seeking permission of the judge and read the 'consent' document you signed; you may also take a copy of the same;

for child custody, you may file an application in the divorce petition itself mentioning all the relevant facts.

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Answered on 7/07/09, 12:40 am
Amitabha Gupta

Re: Please Help

it appears that ur getting over apprehensive. the question of custody of child is an entirely different issue than the divorce. there is separate application for custody of children/child. even if you have signed the consent document that would not in any way disentitle you from maintenance anyway. if you are not satisfied with the terms of the consent then u can very well oppose it as well challenge the decree so obtained. since the laws governing the field of marriage and divorce are customary laws hence they r different for different individual professing different religion. you have not suggested whether u r a Hindu, Muslim or Christian. in future pl consult with required details so that me or any body in this site would be able to help you more effectively.

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Answered on 7/07/09, 1:53 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Please Help

Don't panic,if you are in contention with the consent document you have every right to express the same before the decree.Custody and divorce are different aspects and but duly related for claiming alimony/maintenance.

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Answered on 7/07/09, 4:26 am


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