Legal Question in Family Law in India

child custody + divorce

maried since last 5 years and has 4 years old son. My wife left the america with my son ( becoz of depression, seen by psychiatrist as well) )and kept him in India with her parents and back to america and living separately since last 1 year. As she is now asking for divorce by mutual consent, only if I agree for custody of my son to go her..

Can you please tell me,

1. Should I apply for divorce first in indian courts ,while she is still in america claiming my custody of my son or should I wait for her to apply?

2. can I claim cruelty as my son is been looked after by her parents and that has emotionally affected my son in lacking parental love and I have not had a chance to meet him or talk to him and non availability of mother care?

3. are my chances are brighter if I apply while she is in america?

4. If not custody, what else I can plead to get some sort of authority as I can�t leave my son.


Asked on 8/23/08, 10:30 pm

5 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: child custody + divorce

you can file case for custody of eth child

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Answered on 8/25/08, 12:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody + divorce

If she is asking for mutual consent, there is no point in resiting by you;

as regards child's custody, it is better if the child is with mother. You may ask for visitation rights from the same court where divorce is filed.

You should make adequate arrangements for alimony of your wife as also for the child depending upon your income and financial/social status.

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Answered on 8/23/08, 11:07 pm
ujwala mandgi anantmandgi&associates

Re: child custody + divorce

File for the custody of the child under section 25 of guardian and wards Act.

Then file for a divorce on the grounds of cruelty.

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Answered on 8/25/08, 7:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody + divorce

1}Mutual consent divorce can be filed in india or america (depends on the act you married).

2)No

3}Nothing as such in mutual divorce

4}Ask for visitation rights

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Answered on 8/24/08, 6:42 am
Pravin Vaidya Independent

Re: child custody + divorce

This question is already recd. under ref. no 781145334 and replied vide ref. no http://www.lawguru.com/cgi/bbs/mesg.cgi?i=404144180

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Answered on 8/24/08, 12:11 pm


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