Child custody
3 years ago
I got married on 2nd May 2014. My husband portrayed himself as a very simple and sorted person, he also assured us of his financial stability. He hid from us that his mother is a patient of bipolar mood disorder and both his aunts (mother's sisters) also suffer from psychological disorders. After our marriage i realized that he has no projects in his hand and that paying the basic monthly bills was a problem. So i joined a job and spent all my salary in grocery for the family. His younger brother has been very disrespectful towards me right from the beginning. In 2015 i gave birth to my son (the entire pregnancy was very difficult due to medical and domestic issues). My son was delivered at my mother's place and for next 7-8 months i stayed with my mother. After this i came back to my in-laws house, only to face more problems: lack of money to run the house, no emotional support, no help in domestic chores or with the baby. After an episode where my mother in law abused me verbally in front of 2 outsiders, i packed my bag and came back home to my moms house. For complete 1 year my husband was least interested in us, no phone calls, no visits. Then my husband shifted to Hyderabad with a new job and called us to stay with him. Me and my son (2.6 year old ) relocated to Hyd. Only to face the same problems again, arguments on small things, financial instability, and living like strangers under the same roof. Now my son is going to be 5 years old and my husband has no involvement in our lives. We live under the same roof, we sleep in separate rooms, he never eats a meal with us, never takes any responsibility for his son. I am responsible for everything related to my son and taking care of the house. Even if i am unwell my husband never bothers to ask or share some work load. Now since he is earning a decent salary he pays all the bills but apart from that he has no role as husband or a father. I tired of such kind of lonely life and want to go back to my parents house, but he threatens me that he will take my son's custody. What should i do?
Suneel Moudgil
Responded 3 years ago
if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh,
and,
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, it is time to fire:
498a complaint,
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance for you & the kid,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
as far as the custody of the child is concern, take note of the fact that The mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your case/defense.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
The best course would be if this issue is resolved amicably. If it is not solved then you can file a case in the court for a separation.
It would better if this issue is resolved amicably. If not then you can approach the court and ask for a separation.
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