Divorce case

I am looking for divorce and custody of my children (she is expecting my 2nd child),my wife's brother is making threat calls to me. I bumped into wrong people and want to protect my family and get out of this situation.

Asked 11 years ago in Family Law

Religion: Hindu

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1 Answer

Thank You Feroz, Allah will surely bless you prosperity for your service.
Few Issues I am facing.
1. I was said i have to contact the Mullah for divorce who is unfortunately my wife's Brother's friend. I have not registered my marriage and Indian Legal system cannot help.
2. My first child is not even a year old, which mean's i don't stand a chance for custody.
3. Its been four months we are separated over a petty Household chores, Wife's brother is making it a big issues to separate me from my parents. I would want to have my wife to speak to a marriage counselor before i divorce her but her brother wouldn't allow.
4. I don't know which advocate to approach who understands Islamic way of Divorce and help me with Anticipatory bail. I stay in Bangalore, Karnataka.

Asked 11 years ago

In this scenario, first option would be to secure an anticipatory bail from the sessions court after making complaint to the police about the issue mentioned.

For custody of the child, if a child is under 5 years, the courts usually prefer to hand over custody to the mother, the primary question in focus for the court is keeping the child's welfare in mind; albeit in several Supreme Court judgments, there is no distinction as to whom the court should prefer in handing over the custody.

You would have to get in touch with a lawyer for the anticipatory bail.

thanks.

Feroz Shaikh

Advocate, Navi Mumbai

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Divorce case

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