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Me and my wife both are wiling to take mutual divorce now after 1 year 2 months of marriage life and we have 3 months old baby girl. Now my wife does want to take child custody. Is she legally do so? If she doesn't want take custody of baby, is she bound to bear 50% of child maintenance expenses in future if child stays with me. Please note my wife is a working woman

A. maintenance of the child is on the parents ad the court watch the interest of the child who can better bring up the child betterand the custodyof the child is entrusted to that parent, here the court will watch the income of the parents and decide the proportion of the expenses of the maintenance .FILE A CASE IN FAMILY COURT. for details, pl. contact some advocatethrough vidhikarya.com
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 B. Srikiran
B. Srikiran Experience: 10 Year(s) Hyderabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
niranjan  e
niranjan e Experience: 7 Year(s) Bangalore
I'm 15 yrs old girl ...my father is my custodial parent but I want to live with my mom ..can i?

A. dear client, your mother can file a fresh case for your custody. Any how contact some advocate through vidhikarya.com
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alai rathod

Posted 1 year ago

I am separated from my husband in 2008, now I am settled abroad. As my son was 9 yrs old and boy, he stayed with my husband. Now my husband is no more. I want custody of my child. But my inlaws are not allowing me to talk to him. they hv confiscated his phone. I dont know his present condition. They hv filtered all negative things about me in his mind. He is soon to turn 18. I want to speak to him once and want to support his education. They ar abusing and threatening me. I am in South Africa. Cant go to India until next year due to work obligations and also I hv a daughter from my partner here

A. dear client you can contact some advocate in india who can serve legal notice to your laws and pursue the matter. Any how contact vidhikarya.com
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niranjan  e
niranjan e Experience: 7 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
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Durgesh Barthwal

Posted 1 year ago

Hello Sir/Maam One of my friend (female) got mutual divorce with child(girl) custody on Oct 2014. Due to some of her financial problem going on 2016 she sent her daughter to her husband and now they are not returning her back. She is filing case against him....but the lawyer she hired is asking for copy of address proof which were enclosed at the time of divorce. She has shifted her house from there long back and gave lawyer the new/current address proof. As lawyer is saying that previous address proof is necessary to file her petition. Please advise is this is correct because it will be a fresh petition for child custody what she will be filing now. Kind regards Durgesh

A. you should have some I/Ds,if you don't have, then apply to SDM office for the same. the same address can be given to your advocate. For details, pl. contact some family advocate through vidhikarya.com
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Nirmal  Chopra
Nirmal Chopra Experience: 20 Year(s) New Delhi
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Shruti More

Posted 1 year 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.

A. Dear client, if access to your xchildren is denied by your husband you can approach the court. The court decideds the custody on the basis ofwelness of children and father is natural guardian and upto 5 yrs custody of the child is given to mother and thereafter to father. For details, pl. contact some family advocate through vidhikarya.com
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Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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.

A. The decision of the court depends on the wellness of the child but preferably, the custody of child upto 5 yrs is given to mother there after it can be given to father on the above said principle. For details, pl. contact some family advocate through vidhikarya.com


Rajender Prasad
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PURSHOTTAM LILARAM KHANCHANDANI
PURSHOTTAM LILARAM KHANCHANDANI Experience: 8 Year(s) Thane
Prithvi Raj sikka
Prithvi Raj sikka Experience: 39 Year(s) South Delhi
Ashish K Dongre
Ashish K Dongre Experience: 12 Year(s) Thane
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.

A. dear client as per your matter First you establish your legal right on the child through the court of law, then only you can take step to passport matters.
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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Johnson  Thangiah
Johnson Thangiah Experience: 18 Year(s) Tirunelveli
Ved prakash  Shaw
Ved prakash Shaw Experience: 38 Year(s) Bhubaneswar
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

A. dear client in your case 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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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Purbasha  Roy
Purbasha Roy Experience: 4 Year(s) South 24 Parganas
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.

A. dear client in your matter 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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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Ved prakash  Shaw
Ved prakash Shaw Experience: 38 Year(s) Bhubaneswar
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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.

A. dear client i strongly agreed on advice is a complicated matter needs expertise and professional Family Court Matter Lawyer to guide & help you in your case for judicial separation with rider clause.
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Johnson  Thangiah
Johnson Thangiah Experience: 18 Year(s) Tirunelveli
Nilanjan  Chatterjee
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
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