Legal Question in Family Law in India

Hi, I had applied for mutual divorce in 2009, but husband didn�t appear, so case was dismissed then again I had filled case and got the divorce in 2011, my 5 yeards child is with me I wanted to know is need to apply for custody or by default I will be with me, marriage was dissolved under section 13(i) i(b), what if my ex husband apply for custody will he get


Asked on 3/20/12, 2:19 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the custody of the child is granted keeping in mind the welfare of the child. even in case you got the custody by court orders, due to change in circumstances, the custody may go back to your husband. but your husband has to make out a very strong case to get the child. he can get the visitation as of right.

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Answered on 3/20/12, 2:44 am
Stalin Selvamani S & P Law Associates

Don't worry if he applies for custody of child then you have sufficient ground to defend the same as he has not taken care till now about the child.

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Answered on 3/20/12, 10:16 pm


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