Divorce petition and visitation rights
1 year ago
Hi, I got married under Hindu Marriage Act. I have a 8 year old son. I am taking care of my son financially since his birth. My husband has not seen his son for last 4 years. My husband separated when my son was three year old. He is refusing to live together and also not giving divorce. He has settled abroad recently.I am planning to file contested divorce, on grounds of cruelty.But my doubt is can I keep my son away from him i.e no visitation or custody rights to father. He has not spent even a penny on his son.I want to keep my son away, as my husband is very manipulating. He will try to trouble me and my parents instead of doing anything for this son.I have the following questions 1.if I file for divorce will court force me to let the child and father meet 2.How long can my husband drag this case, since he doesnt want to give me divorce. Is it possible if he hires lawyer and comes just once a year. Will case drag for 3+years 3.Can he drag divorce case by filing custody case
I hope you are having a good day. To answer your questions,-
1. You should file for a custody case which will be different from your divorce case.
2. Divorce cases usually do go on for 2 to 3 years.
3. He can get an advocate if he wants.
Hope this helps
Thanks and Regards
1.You have to file a separate case for custody of your child . If you have enough reasons to satisfy courts, that why the custody should come to you, nobody can snatch your son from you. You need to satisfy the Learned court.
2.Determining the dates of a contested divorce is a bit difficult. A lot of factors are responsible behind the same.It can take around 2 to 3 years minimum ,in that case.
If he is not appearing anyhow before the court you can ask for an ex parte order.
3. Both the cases will separately. He can do so , again it depends upon the satisfaction of the Learned Court.
Thanks and Regards
Simi Paul
1. It depends upon the merits of your case that father is allowed or denied we are no body to decide.
2. It may take 3 years
3. Yes he can do that but again it depends on your merits of the cases.
Hope it helps
1. It depends upon the merits of your case that father is allowed or denied we are no body to decide.
2. It may take 3 years
3. Yes he can do that but again it depends on your merits of the cases.
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