My husband blackmailing me for divorce by not giving my son 8yrs old My husband blackmailing me for divorce by not giving my son 8yrs old

1 year ago

My Husband is having my son 8 yrs old, pushed me out of home and it's been 15 days. i haven't seen my son. He has filed for divorce against me under section 13- Cruelty a month before. I was not aware of it. He was having an affair,its been 5months. Now he wants to marry her, so he is asking me divorce but i didnt accept for it. So, he started abusing me and didn't let my kid to even touch me. I have been in 10 yrs of marriage life, and he physically, and mentally abused me a lot. lots of wounds and fractures, i did bear it for sake of my son's future. Now he is threatening me. I got decided to leave him by legal divorce but I want my kid from him. I don't want my son to be raised by a Psycho. How to approach legal- child custody?

Anik

Responded 1 year ago

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A.Dear Client,

You can file a petition under Section 8 of the Guardians and Wards Act 1890 which enumerates a person entitled to apply for an order as to guardianship. Section 9 empowers the Court having jurisdiction to entertain application for guardianship.

If you are a Hindu, You can file a petition under Section 26 of the Hindu Marriage Act which authorizes the courts to pass interim orders in any proceeding under the Act with respect to custody, maintenance and education of minor children, in consonance with their wishes.

Please contact a lawyer near you to understand your situation better. You can also file a case for domestic violence, cruelty and under further sections to right the wrongs done against you.

Thank you so much, I hope this answer helped you.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Madam,
You may file multiple cases against your husband and get handful of maintenance for yourself and son and thus you may get peace in your life.
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