Am I have right to stop my xhusband to stop put my son in hostel

Question

► I am living in Mumbai and my x husband living in pune he have full custody of our son he remarried. My x husband wants to shift to Bangalore and wants to put our son in to hostel. I am not in favour of putting our son in hostel and I told my x husband many times. On this he is telling me to keep my son with me and my X husband ready to pay for his school fess and other expenses for my son.He told me directly keep son with me or He will put him in hostel he have full custody but his wife dont want my son with them so thats why my x husband deliberately making this excuse to emotional blackmail me. So please help me what can I do to stop him to put my son in hostel? I want my X husband take care of my son as he promised

Answer 1

Dear Client, if your ex-husband has full custody, he generally makes day-to-day decisions for the child. However, if there is a dispute about your son's welfare, the court can examine the matter and pass appropriate orders.

The welfare of the child is the most important consideration. If you believe that putting your son in a hostel is not in his best interests, you can approach the Family Court and explain the change in circumstances, including your ex-husband's move to Bangalore and his proposal to place the child in a hostel. You can also inform the court that you are willing to care for your son.

The court will consider what arrangement is best for the child and is not bound to accept either parent's wishes. If you strongly object to the hostel arrangement, you should seek legal advice and approach the court before any final decision is made regarding your son's residence.

I hope this helps. In case of any further queries, please do reach out to us.

Answer 2

Dear Client,

However, since your ex-husband is legally the custodian of your son, the latter usually has the power to take decisions on behalf of the child on matters pertaining to the residence and education of the son; but welfare of the child is always considered paramount under Indian laws of family law. You should go to the appropriate Family Court if you think your son will not be benefited by being put into a hostel. Also, you think your ex-husband is making such an attempt without any justification in terms of the best interest of your son. The Family Court is not bound to act according to the terms and conditions of the current custody order because circumstances can change. Since your ex-husband intends to move to a new city and put your son in a hostel, your ex-husband might have taken into account the following: the age of your son, the welfare and emotional needs of your son, his educational interests, etc.

I hope this helps and if you have any further issues do not hesitate to contact us.

Am I have right to stop my xhusband to stop put my son in hostel

2 Answers