Legal Question in Family Law in India

Re: about child custody before divorce

The information provided by you is inadequate. You need to specify the income, education level and earning capactiy of both of you. In this case the status of your wife's parents may also be important to know.

Based on the limited information you have given, the answers are :

(1) No. The police cannot interfere in the matter of child custody;

(2) Yes, it is possible for her to get son's custody from Court; The court decision will depend upon a number of factors such as education qualification, income and earning capacity of both of you;

(3) While deciding about a child's custody, the paramound consideration is child's welfare; since a 5 year old child may not be in a position to express himself clearly, the court usually take a decision depending upon attendant circumstances; However, some children are out of ordinary and are able to express themselves better and clearly. The court may take into consideration what the child may have to say about his preferences.

Re: about child custody before divorce

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prepare defence for your case for dowry first and then prepare for this custody matter.

Re: about child custody before divorce

As regards your query and form the limited information which you have naratted, on the point of issue pertaining to the custody of your children, you will have to file a petition seeking custody of your children and obtain a valid order of the family court at the place of jurisdiction where you or your wife resides. You need to get in touch with a divorce lawyer in your city who would comply with the paper work as regards the situation you are into. If any wrongful complaint is file agaist you in that case you will have to defend the same as per law. Hope this should suffic your queries in brief.

Re: about child custody before divorce

Thanks for the query sent to me through Lawguru.com. I have seriously gone through complaint/grievance which is regarding your unfortunate matrimonial discord in between you and your wife.

Reply to your query:-

1.Everbody has a right to go to the police station but in matrimonial, the jurisdiction lies with the court only and as such the police has no right to take back the cusdoy of the son from you & to handover the same to your wife. You being the father and natural guardian have equal right to have the custody of your son.

2&3 Wife may avail the legal remedy by knocking the door of the court by moving a petition for the custody of the son and in that event the court while deciding the custody of your son will see and keep in mind the welfare of the child.Besides the court is concerned with the proper looking of the child/son & his day to day livelihood affair and is education.Consent of small kids is immaterial.Hence your need is not to carry and bring tension on your hat so please lead your life tension free nicely & peacefully.

R.N.Sharma(Advocate)

Re: about child custody before divorce

1.police has no power to decide guardianship.After 5 years father is the natural guardian.

2. Yes.but all depends upon the case put by parties.In any case the court will issue notice of the case to you then you will opportunity to rebutt her allegation.

3. Before passing any order relating to guardianship of the child the court will see the wellfare of the child and also the willingness of the child.