Legal Question in Family Law in India
i am 32 and have a daughter who is 4 and half years old. i do not stay with my husband since i delivered the baby left due to his drinking habits. Till date he has not supported me financially to take care of my daughter. he comes once in a blue moon to see her and most of the times drinks in front of her. now i am thinking of filing a divorce with him. can i do it in mutual consent with him? who will keep the custody of the child as i love my daughter very much and do not want to loose her to him. is there any age where the child is asked for consent as to whom she wants to be with????
2 Answers from Attorneys
Yes you can file a Mutual Consent Divorce ,provided your husband agrees to this kind of divorce, Your right over your daughter are better than your husband, incase he troubles you for the custody issue of your daughter at a later stage.Consenting age is 16 years.
yes you can go for mutual consent divorce if your husband is ready and generally the custody of such a 4 and half yrs child remains with mother. Unless your husband files a petition for her custody after she attains 16 yrs the custody will remain with you. Moreover in mutual consent divorce you can while drawing consent terms put the term that custody of child will remain with you only to be safe in future.
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