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 due to which mother is forced to go to court.

We understand that this may take on average around 1 Year to 1.5 year. But in case, father uses all delayed tactics, does not receive summons etc & does not come on hearing, in that case:

Query:

1. What is the MAXIMUM time that court might take , If wife files a case for divorce & custody of the child ?


Asked on 5/20/08, 4:38 am

4 Answers from Attorneys

Re: Child Custody & Divorce

As such no maximum or minimum time limit is precribed in law but generally it takes 2-3 years.

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Answered on 5/20/08, 1:13 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child Custody & Divorce

It takes 3-4 years usually but still theres no assurance or specific time does not apply as far your case is concerned.

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Answered on 5/22/08, 10:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child Custody & Divorce

the time likely to be taken in the court for a case cannot be predicted.

the custody matter is not necessarily connected with divorce; though the parties may reach an amicable settlement about alimony and custody in divorce proceedings;

if divorce is possible mutual consent, you should go ahead for it; and leave the custody matter for decision by court;

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Answered on 5/20/08, 7:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child Custody & Divorce

Already Replied

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Answered on 5/20/08, 9:57 am


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