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Q. Child Custody

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Shruti More

posted 10 months ago

Hello, i m a woman and before marrige i was muslim. I got married in the years2002(love marriage) with maharashtrian guy. Its almost 16 years of marriage and i also blessed with rwo kids son- 15years n daughter-4.5years. My husband always having a problem od castism(Hindu-Muslim) due to castism issues not we are not living together and we filed mutual divorce paper. Now i m in seperation period. We were filed mutual consent, in that he demanded child custody but I denied and convey my husband for joint custody. Both the kids are living with their father. He is also taking responsibility of education, maintenance, food etc... And as per the joint custody I can access my kids any time, any day in the future plus I have a equal rights on my kids.
But, now whenever I am going to meet my kids my husband is not allowing me to meet. He is saying if my kids will meet you in future they would become Muslim. My case is still pending in the court, my date is 28th June 2018.
I really don't know what to do..please help me out. Is joint custody is a right decision of mine? Or may I apply for child custody?
I don't know what to do... I can't live without my kids.. .due to this caste my marriage life has been completly ruined and now my kids become a victim of this.....

Please guide me.
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A. Dear client, if access to your xchildren is denied by your husband you can approach the court. The court decideds the custody on the basis ofwelness of children and father is natural guardian and upto 5 yrs custody of the child is given to mother and thereafter to father. For details, pl. contact some family advocate through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 4 months ago

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A. There are two important points which Court takes into consideration, one age of the what you call as kids. Second the willingness of the children.

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Prabhakara S K Shetty

Experience: 19 Year(s)

Responded 10 months ago

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A. Welfare of the children is the core consideration. If you can prove that you have sufficient means then custody will be given to you.

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A. You have joint custody rights and can enforce as per the terms of court.If any violation by the other party to the prevailing court order, you can approach before the next date for amendment.If you have engaged an advocate you can seek him to move as per your amendment to the prevailing case.

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Ambrose Leo

Experience: 9 Year(s)

Responded 10 months ago

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A. madam,
firstly I would like to see your mutual consent divorce petition and then according to terms agreed upon may like to suggest further course of action.

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Anand

Experience: 10 Year(s)

Responded 10 months ago

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A. Yours decision is right for joint custody.If yours husband is not allowing to meet your children,then u can pray to amend the order of joint custody before the family court and pray for self custody of children.but remember all these depends on willingness of children.Before u take any decisions,think the future of your children.R u able to maintain your children or not.Always remember the future of your children is more important than your future.Always try to have contact with your children.Dont bring religion thoughts among your children

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Ved prakash Shaw

Experience: 38 Year(s)

Responded 10 months ago

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Shruti More

Experience: 1 Year(s)

Replied 9 months ago

Sir, Thank you very much for your response. I never ever bring religion thoughts among my children even i dont have any problem with religion. My husband having the issues with caste. He has already washed my son brain against me.My son is not behaving properly with me now he is also having the caste thing in his mind. I think i lost my son....but i dont want to loose my daughter.

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A. Dear Mam,
This caste problem is the reason behind most of the problems in our country.
In your case, it was a love marriage but still then the guy has been taunting you of your religion. He was well aware of the fact that you belonged to an altogether different caste at the time of entering in a relationship with you. A good time of 16 years you have spent with him but still then he is having the caste thing in his mind. It might be of the reason of his continous brainwash by others.
If he is denying you to meet with the children, then you can file a complaint against him.
You may apply for custody of the child and it is by Law that the mother will get the custody of the child if the child is below 5 years of age.

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Vedant Lakhotia

Experience: 3 Year(s)

Responded 10 months ago

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