Alcoholic and abusive husband allowed to see kids
Alcoholic and abusive husband allowed to see kids
I was married on 2015 and have 2 sons elder 7 years and younger 4 years. After martiage I realized my husband is a chronic alcoholic. After drinking, he gets violent, get abusive, insult me and my par
2 days ago
A. Dear madam,
you may file child custody case and get permanent custody of children without any reservation for your husband for visitation rights as he is a drunkard.
Mutual DV and child custody
Can we get mutual divorce and after 2 months can I apply a fresh petition for child custody. If yes, under what section
2 weeks ago
A. Dear Client,
According to the Hindu Marriage Act, either spouse can file for divorce with mutual consent after one year of marriage and one year of separation. Contested divorces don't require a year of separation. In custody matters, both parents have equal rights, but if they disagree, the court decides based on the child's welfare. Hindu couples can petition for custody under the Hindu Marriage Act or the Guardian & Ward Act. Typically, custody goes to the mother for children under 5 unless ...ReadMore
Living separately for 7 years
I am Living separately for 7 years. I would like my wife and my 2 kids come back to my home
3 weeks ago
A. Dear Client,
Living separately for an extended period, such as seven years, doesn't obligate your family to reunite with you against their will. Even a court cannot compel your family to reconcile after such prolonged separation, which constitutes a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955 if either spouse applies for it. However, under Section 9 of the Hindu Marriage Act, a spouse can petition a district court for the restitution of conjugal rights, which allo ...ReadMore
Change surname of child of 10 yrs
Sir I have married to a divorce girl and she has a daughter of 10 yrs and we both want to change surname of her daughter to my surname.
3 weeks ago
A. Dear Client,
Under Hindu law, adoption requires the consent of the biological father of the child from the first marriage, even if the marriage has been dissolved by a decree of divorce. In the case of adopting the daughter of your wife from her previous marriage, the consent of her biological father is necessary. The adoption deed must also be duly registered, with the biological father giving consent to the adoption by the new husband.
Changing the name of the biological father on the birt ...ReadMore
Right to parenting
My 2nd wife has blocked me from my kids phone and letting me speak to them for months. What can I do? She's in Jaipur & I am in Navi Mumbai
1 month ago
A. Dear Sir,
If you are marriage is legal you may claim child visitation rights and accordingly file a case and get a chance to look after your children frequently.
Girl child custody
My brother and sister in law they are not having good relationship.they want to separate .they have 2 daughters.(1st girl 11 year old & 2nd 7 years) 1st daughter want to stay with father and grand par
1 month ago
A. Dear Client,
Upon the dissolution of a marriage through a divorce decree, custody of a child below 5 years typically goes to the mother. The Guardians and Wards Act of 1890 in India allows a child aged 9 or above to express a preference for custody in court appeals by either parent. Fathers can obtain sole custody by establishing the mother's unfitness before the court and demonstrating that it is in the child's "best interest." Fathers may face additional challenges in proving paternity, thei ...ReadMore
ST certificate
1. The father has remarried after abandoning wife and children for 5 years. 2. The mother is ST, father is general. The daughters have the father’s surname. 3. Can the mother remove the fath
2 months ago
A. Dear Client,
In a situation where the mother has the sole physical custody of the child wherein, she has not remarried and the paternal rights remain unclaimed, then the mother is vested with the right to change the last name/surname of the child without seeking approval from the separated spouse. The procedure to Change the Name and Surname of the Child involves swearing of an Affidavit before the First Class Judicial Magistrate or Executive Magistrate, advertising in newspapers and notificatio ...ReadMore
Harrasement in the school
Teachers are always disseminating my daughter with her past mistakes and harassing mentally.. Even complete management is same after complaining to principal also no use please guide how to lodge a co
2 months ago
A. Dear Client,
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, explicitly prohibits both 'physical punishment' and 'mental harassment' in Section 17(1), classifying it as a punishable offense under Section 17(2). Once a student raises a complaint before the competent authority and it is substantiated during an inquiry, legal action can be taken against the offender. Complaints can be submitted to the National Council for Teacher Education (NCTE), either through direct cor ...ReadMore
Can a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son
Me & wife contesting divorce,3 hearings passed & she replied to my petition,in the meantime I proposed for mutual which she agreed, on the first session, she said don't want to come back, also
3 months ago
A. Dear Client,
Under the Guardians and Wards Act of 1890 in India, when a child reaches the age of 9, the court considers their preference in custody disputes between parents. Sole custody for a father is possible, but it requires establishing the mother's unfitness before the court and demonstrating that the father meets the "best interest standard" for the child. Section 39 of the Guardians and Wards Act outlines that a parent, be it the mother or father, may lose custody if they fail to provide ...ReadMore
Child custody and property rights
My cousin is a widower with one child girl child and he met a girl after wards who's an unmarried woman and she's quite good only that the child she doesn't want to keep with her rest she's having no
3 months ago
A. Dear Client,
In the ancestral property (if proven), the children of the first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self-acquired properties in favor of his children born out of his second wife without allotting any share to the children of his first wife. The rights to ancestral property for the first wife and her children without a divorce from the husband are determined by the Hindu Succession Act of 195 ...ReadMore
