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Elen Joy
in Family Law
Asked August 22, 2017

How to get custody of son

  • 1 Answer
  • 432 Views

My husband gave a divorce petition, before giving petition he threw me out of the house and kept my 3 and half years old son in the matrimonial house and is not allowing my son to be with me and he is telling to sign the agreement paper and to take child.. and after a month, he left to Abu Dhabi. Told he will be back after one month. After one month I filed domestic violence as the in laws are not showing my son and are not even taking care of him. Had a lot of clashes as set didn't allow me to see the child. When I got the court order of protection, they just moved from the marital house with my son and detained my son for almost one week. They send an injunction petition to me and don't want to allow me to stay actually the order is not valid and I again have advanced petition.and if it's successful  whether I can take my son to my home.

Answer 1

 

 

 

Dear Sir/madam,

If you say that the protection order of the court is in your favour and your husband and his family is not abiding by the same then you need to file for execution of that order. This shall not even get your hiusband punished but also get the case in your favour. You are also applicable to file a case for contempt of court’s order (in reference to the same protection order).

Domestic violence filed by you is equally vaild and should yield a fruitful result in your favour – reading the facts and circumsatnces produced through this query (because until and unless divorced – you have equal rights in your husband’s house as does he and thus, you cannot be thrown out just like that). In case of being successful in the claims you have established, you have good chances of taking your son back to your home.

 

Agree Comment 0 Agrees over 3 years ago

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