KIDS UNDER MOTHERS PARENTS CUSTODY - NRI HUSBAND ISSUES KIDS UNDER MOTHERS PARENTS CUSTODY - NRI HUSBAND ISSUES

3 years ago

legal question My husband abandoned me and kids in India and went to US and when i came to US to meet him,again he abandoned me in US and went back to India. He is dangerous for my kids and I have left my kids at my mom's house. What legal remedy available if he tries to take away my children from my mother to whom i have handovered the babies.They are boys and age of 2.5 and 1.5 I.
One kid is US Citizen and another is an Indian Citizen . I got struk in the US and it will take some weeks for me to get back there because of my health conditions.

Kindly help

Ashutosh Patel

Responded 3 years ago

A.File a police complaint through your mother if he is dangerous or does any illegal acts .You can get a injuction application filed through your mother asking the court to restrain him from entering your mothers premises .You can ask your mother to apply for temporary custody of your children under section 12 Guardian and Wards Act till you arrive in India as there is a provision that the welfare of the child is of paramount importance and also other factors such as age of the child(s) ,sex,character of the person(in your case if he is a threat to them )are also to be considered .Ask your mother for temporary custody by engaging a lawyer.Do rate me plz if u like the advise
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can file a suit for getting custody of your children. Once you get custody, he wouldn't be able to take away your children.
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Anik

Responded 3 years ago

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A.Hi,
You can file for divorce on the grounds of desertion and can then claim the custodial rights of your children. As your husband has abandoned you twice, the court might consider giving you custody of the children and your husband will get visitation rights.
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