Legal Question in Family Law in India
i got married 5 years back... since 5 years there is no any ...issues between us... few months back she went to her parents home and now we blessed with a baby boy... and now he is 6 months old... now she is not coming to my home and she is blamming me with out any reason and she is asking divorce from me....even she is not giving my son to me ...i dont want to give divorce... if she really wants the divorce.. i need my son to me please let me know if we took divorce, is there is any we to get my kid....kindly suggest me... thank you.
2 Answers from Attorneys
Because you do not like to giver her divorce you have lawful option to restrain her to do so.
Because the kid is at early stage therefore he will under care of the mother later you have right to get him in your custody.
You have lawful option to live with both of your kid and spouse.
you can file case u/s 9 of HMA to reside together.
but about child till he attains 5 years of age, it is tough to get his custody.
Good luck.
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