Legal Question in Family Law in India

Dear Sir,

My wife is not with me since last three years. My daughter is at the age of 7 years almost. Since we are unofficially seperated, my daughter stays with me ( ie since last three years). I make her ready for school and drop in the school van. From school she goes to her mother in the evening. Late evening I will go and pick her from her mother. Then she stays with me. As usual i make her ready for school and drop in the school van. This is my life since last three years. I have tried a lot to convince my wife and pleaded her to get reunited at least for the sake of our daughter. My efforts are of no use. Now she prefers for mutual divorce. She says our daughter life can be like the current style. In case if I also agree for mutual divorce, will I get the child custody. Pl advise


Asked on 5/02/16, 11:26 am

1 Answer from Attorneys

in mutual consent divorce, the terms are finalized first and then petition is filed in the court. you need to make her give a statement in the court that the custody of the daughter would be with father. After she signs this statement, you will get the unhindered custody. Also make her write that she will not file any case of custody in future.

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Answered on 5/03/16, 4:21 am


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