Legal Question in Family Law in India
Child Custody & Divorce
Facts of the case:
Our married son aged 34 Years has extra marital affair since last 7 years. He also has a child aged 4 years from marriage. Our Son & daughter in law � both want a divorce amicably. However, Father is putting a condition to mutual divorce that he will keep the child.
The welfare of child is indeed with GrandParents as both Father & Mother both intend to remarry after divorce . Grandparents( Retired Class I officer) are also supported by Chacha Chachi who are educated.
Our Objective is :
1. Child�s welfare i.e child custody with Grandparents & if that is not possible , then child custody with Mother.
2. Divorce as soon as possible.
Queries:
1. If wife files a case for divorce in court, in HOW MUCH TIME will wife get divorce & custody of the child?
2. Can GRANDPARENTS get custody of child in this case?
6 Answers from Attorneys
Re: Child Custody & Divorce
(1) the time schedule cannot be predicted. ususally, if not contested, it should take about one year;
(2) the grand parents can seek custody of the child.
Re: Child Custody & Divorce
(1) the time schedule cannot be predicted. ususally, if not contested, it should take about one year;
(2) the grand parents can seek custody of the child. In a recent case in Gurgon, where the mother has gone to work in England; and father has gone to Australia, the court has granted interim custody to two school going children to the grand parents.
Re: Child Custody & Divorce
1. If wife files a case for divorce in court, in HOW MUCH TIME will wife get divorce & custody of the child?
Ans : If the matter is contested it may take 1 to 1 1/2 year. If the husband receives summons then the matter will be fast it may take 1 to 1/2 year if contested or if both of them agreed mutually then it may take with in 2 weeks.
2. Can GRANDPARENTS get custody of child in this case?
Ans : Grandparents does not have any right to take custody of child if parents of the child is alive.
Mother is most eligible to take custody of the child.
For further details contact.
M.P. SANJAY
Advocate
Ph : 9392465234
Re: Child Custody & Divorce
If by mutual consent at least 6 months and custody depends on facts presented in the court and on court's discretion.
Re: Child Custody & Divorce
(1) It would take approximately 1 year.
(2) Yes the grandfather can demand custody of the children.
Re: Child Custody & Divorce
1. If wife files a case for divorce in court, in HOW MUCH TIME will wife get divorce & custody of the child?
Ans:- It depend how quickly the service of summons to the father is completed before matter comes up for hearing. Also, if the matter is contested by the husband than it may easily take more than one year.
2. Can GRANDPARENTS get custody of child in this case?
Ans:- When both partents of the child are alive grandparents cannot be granted custody by the Court.
3. As the child is 4 years old it is more likely that the mother will get the custody of the child in case of divorce not by mutual consent.
4] Your sentiments can be understood by the court but since you are not the parents of the child, your right to custody is secondary.
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