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Anonymous

Posted 7 months ago

My husband and I are planning for a divorce and we have to decide on the custody of our 3 years old son. I heard mostly mother should take care of the child if the child is below years. I want to do that but my exhusband wants to keep the child and he is getting into an argument about this. I feel no safe when my son is with him because I know what kind of a person he is. How can I get the custody of my son and till what age I can ?

A. Ma'am as per your query,
The general thumb rule is that the custody of the child is given to the mother till 5 years [She being the Natural Guardian] after that, the custody will be dealt on the merit of the case as to who can take care of the child both emotionally, mentally and [very importantly, financially] and with whom does the court see the bright future of the child. Also, when the child is aged enough to give his consent, his opinion will hold great value in the decision making of the decision of the court.
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Anonymous

Posted 7 months ago

Mam..my husband was married already from last 18 years.he lied to me that he already filed a divorce case against his wife.he pressurised me to change my religion from Hindu to muslim.after marriage one of his frnd came to home to visit us.my husband told me to serve liquor to his client.i refused to that later his frnd was trying to touch me.i shout and told him don't you dare. My husband told me to sleep with him.i told him that if he will ask the same question i will file complaint against him. later he said sorry.to me..after that incidence I was asking to show me the divorce papers of Ur wife.he was continuously trying to avoid my questions.after that he told me to he was not filed a divorce case against his wife.i was shocked.later his mom's his sister was always asking me to leave his son because he is suffering from many diseases and he is very much order than me..4 days back he suddenly disappeared from the house.his phone is switched off.he didn't contact me.its being 5 days he didn't contact me.pls suggest me the right way.

A. Dear Madam,
DV Act is a consolidate Act.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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