Legal Question in Family Law in India

I completed 6 yrs of marriage and having one male child of 4 year 3months.

I want divorce from my wife but i want my child with me.

i have few audio evidences about careless ness of my wife with my child.Few audio proofs of she is bitting and scolding my child .

she has no love and care for child.

can i get custody of child permamantely.at this stage.?

childs age is 4yrs 3 months


Asked on 4/03/16, 12:09 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

See, concentrate on Divorce first, because if you are residing together, the question of custody can not be discussed. Generally, custody of child below 5 years is given to mother. But after that, both can lay the claim and court gives importance to welfare of child. Therefore, it is possible but a strong case has to be made out.

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Answered on 4/07/16, 11:16 am


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