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Shruti More

Posted 11 months ago

Hello, i m a woman and before marrige i was muslim. I got married in the years2002(love marriage) with maharashtrian guy. Its almost 16 years of marriage and i also blessed with rwo kids son- 15years n daughter-4.5years. My husband always having a problem od castism(Hindu-Muslim) due to castism issues not we are not living together and we filed mutual divorce paper. Now i m in seperation period. We were filed mutual consent, in that he demanded child custody but I denied and convey my husband for joint custody. Both the kids are living with their father. He is also taking responsibility of education, maintenance, food etc... And as per the joint custody I can access my kids any time, any day in the future plus I have a equal rights on my kids. But, now whenever I am going to meet my kids my husband is not allowing me to meet. He is saying if my kids will meet you in future they would become Muslim. My case is still pending in the court, my date is 28th June 2018. I really don't know what to do..please help me out. Is joint custody is a right decision of mine? Or may I apply for child custody? I don't know what to do... I can't live without my kids.. .due to this caste my marriage life has been completly ruined and now my kids become a victim of this..... Please guide me.
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A. Dear Mam, This caste problem is the reason behind most of the problems in our country. In your case, it was a love marriage but still then the guy has been taunting you of your religion. He was well aware of the fact that you belonged to an altogether different caste at the time of entering in a relationship with you. A good time of 16 years you have spent with him but still then he is having the caste thing in his mind. It might be of the reason of his continous brainwash by others. If he is denying you to meet with the children, then you can file a complaint against him. You may apply for custody of the child and it is by Law that the mother will get the custody of the child if the child is below 5 years of age.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Dear Sir, My income is Rs. 8,000 pm and my wife income is Rs. 55,000 pm. I am filing the custody case of my children or child who is presently living with my wife separately from me. Do i have any chances to get the custody of even 1 child? Daughter is of 15 years and Son is of 9 Years Please suggest the way or expected result of the case.
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A. Dear Sir, The age of both of your children is above 5 and thus there is no binding thing that the custody will go only to the mother. Without a matter of doubt the court looks in to the economical position of the parent before awarding guardinaship but it is not "The deciding factor" only. There are other factors and attributes which the court takes in to consideration. You may be waek in one factor, but that is not only the deciding factor. Since, your children are above 8 years of age, their view point will also be taken in to consideration.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
My sister and brother-in- law, both, have European passport. Their son was born and is residing with me in India since birth. He is still minor. His passport was applied in India but application was not entertained as parents were not allowed to sign the application being foreign passport holders. Later on, I sign the application being custodian of the child. But this time also application was not entertained for want of proof of guardianship. Kindly advise.
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A. Dear Sir/mam, You need to apply for a decree from court for getting the guardianship on the minor child. Once, the court has decreed in your favor, then you reapply with a copy of that decree, your application will not get rejected because of technical reasons.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Wife has sent a legal notice demanding custody of a 2 yr old child from husband who is living separately. Husband is willing to comply. Please advise whether any legal documentation is necessary
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A. Dear Sir, It is a rule that custody of minor children will go to the wife. You can mention this in the petition separately if you want, otherwise also it is not an issue.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I am a divorcee in 2013.at that time my sons responcility was taken by me. Now my sons age is 9y rs. Can I hand over my child's responsibility to his natural father.
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A. Dear Mam, You have to file a petition for transfer of custodial rights before the lead. Family court. The end result will depend on various factors like the reason behind transferring the custodial rights, your income and his income status etc.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

my husband has extra maritial affair from last 8yrs.I have three children two boys and one girl .girl is 28yrs old and one boy is mentally ill and second one is 12yrs old.now I want to live separate without giving divorce.but not take custody of any children.is that possible.
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A. Dear Mam, You can file a suit for judicial separation with a prayer for not taking the custody of children.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

Both parents are working. I have 4 year old girl child. We decided we are not living together. My wife is a physically challenge so she cant take care of my child. So I liable for child custody. Please help me before going further process.
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A. Please file a suit of divorce under mutual consent. As per the basic provisions of LAW since your child is a below 5 years then the mother will have the custody of the child. But if you can pore that she is not capable of bringing up the child, then the custody can be given to you.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

Well my mother is a teacher and she recently just scolded a student because he was harassing girls so in return he torn seat of my mother's scooty and again he torn it and now they have plan to completely break my mother's scooty so what should i do file a a complain what should i do boy is under 18
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A. Dear, how can you so surely say that it has been done by him. You need to have evidence to substantiate what you are saying. If, it can be proved then you may file a complain to the principal of the school along with all evidences and ask for a PTM. Even after that the problem still persist then you may file a complain with the police station but this may adversely affect the career of the student. If her understands by a warning then it is ok, otherwise you may take harsh steps against him. Hope the above HELPS.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

My sister is separated. Her husband file case for kids custody at jammu and filed a request to transfer that case at delhi. The case was transferred but after couple months her husband withdrew case with liberty but now her husband has filled same case against at jammu. Could someone let me know if it is allowed?
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A. Hi! The piece of advice would depend on the grounds of withdrawing the case. If the grounds state that he has withdrawn the case for "xyz" reason and would again file the same then it is allowed. Please share the reason behind withdrawing to get an appropriate advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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