Legal Question in Family Law in India
Hi, i'm married for past 5 years now and have a son of 3+ years. My husband has put a divorce case and i have put a conjugal rights case. Seeing his attitude towards me and his complete ignorance towards child, i have decided to go with divorce now. i would like to know can he claim for child custody when the child is below certain age, until what age by default i can get child custody. the case is getting dragged too long for now. my son will be turning 4 by Feb 2016.what will happen if the child turns 5, will there be any problem in the custody?
2 Answers from Attorneys
Dear client if u also ready for divorce then talk with husband and file mutual divorce. In mutual divorce petition mention that custody of son will be remain with u permanently. For detail discussion call me
Adv prasad patil
9604349028
8446247807
First you may convert his divorce case into mutual divorce and then decide about your child.
If not agreed then after 5 years of age, your husband can claim custody but depends upon earning situation of both of you then judge will decide.
Good luck.
Regards