contested divorce and failed mediation and child visitation

Question

► Married since 2015 I have been subjected to continuous physical, verbal, and emotional abuse by my husband due to his severe alcohol addiction, violent behavior, and irresponsibility. Despite several chances and compromises for the sake of our children and family, his behavior has never changed.During both pregnancies, my husband did not bear any medical or living expenses. My parents paid for hospital bills and supported me financially. He frequently mortgaged my and my children’s gold to repay his personal loans and never contributed towards the household or children’s expenses. His mother and family supported his actions and encouraged me to tolerate the abuse.Since the birth of my two sons (aged 8 and 6), my husband has never taken financial or emotional responsibility for them. He often sent me and the children away to avoid his duties. His violent and unstable behavior created a constant atmosphere of fear for me and the children.After repeated domestic violence, I finally left him and filed for a contested divorce in 2024. Only after the case moved toward ex-parte hearing, he appeared and demanded visitation rights. I strongly object to this, as he is an alcoholic, abusive, and irresponsible father who could harm or mentally disturb the children. His intention appears to be to delay the divorce and manipulate me emotionally through the children, not genuine parental concern.My husband and mother-in-law have no independent residence or stable income. They have repeatedly used the children as leverage to avoid returning my stridhan (dowry gold) and to harass me and my parents. They have also threatened me in the past and tried to control me using the children’s custody as a tool.

Answer 1

Dear Madam,

If there are continuing threats or harassment:

Approach the Women’s Police Station / Protection Officer in your area.

File a Protection Order under Section 18 DV Act.

Mention in your divorce case that parallel DV proceedings are pending — courts respect and coordinate such orders.

Answer 2

Mam, as per your query,

1. Custody and Visitation: Strongly oppose visitation rights in court citing his alcohol addiction, violence, and unsafe behaviour — request the court to prioritise child welfare under Section 13 of the Guardians and Wards Act, 1890.

2. Protection and Stridhan Recovery: File or continue proceedings under the Protection of Women from Domestic Violence Act, 2005 for protection orders, return of stridhan, and financial compensation.

3. Evidence and Safety: Keep records of abuse (messages, photos, medical reports, witness statements) and report any threats to the local police or women’s cell for safety and to strengthen your case.

For further details and clarification, feel free to contact our OLQ Team for a detailed discussion.

Answer 3

You should contest the claim of visitation on various grounds by giving reasons under guidance of a competent lawyer. Tackle the issue tactfully. Also claim maintenance for self and children and residence expenses. Adopt a tact's to counter husband.

contested divorce and failed mediation and child visitation

3 Answers