Question :

Sir, I got married as per commitment that the guy will live with me in Islamabad as I am doing job here, he being the research psychologist will also find a job here. I arranged several jobs for him but he was not ready to work. He left me after a month when I was pregnant. As he was in love with a girl for last 12 years and was forced to marry me by his mother. He accused me characterless n my child illegal. When my son was born he didn’t come back. I tried several times for patch up. But he was neither ready to bear the expenses nor ready to work. I wanted to legally retain the custody of child forever. Lawyer asked me to file the case for mentainance. Upon denial my custody case will turn stronger. Since birth m bearing all the expenses. Now what should be the way forward?

Answer:

  1. Yes, you can retain the custody of child forever. In my opinion you should file both cases simultaneously. One for recovery of maintenance of wife and minor before Family Court and and second one for Guardianship of minor (as you already have the custody) before Guardian Judge. Also file an application along the Guardianship petition for appropriate order regarding the status quo of custody.

    Dont worry for the allegation as these are not relevant , child born during the marriage presumed to be legitimate child, unless otherwise proved.

    for more info do consult me at ghkmayo@paklawyer.com

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