Legal Question in Family Law in India

child custody

my husband doesnt has good character.we have applied mutual divorce.now the concern is my 5 year old son.on what grounds can i claim the custody.i am an independant lady.my husband wants the custody of my son.


Asked on 8/10/07, 6:17 am

8 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: child custody

whosoever will be able to show the court that he/she is better father or mother will get the custody.

For further and detailed advice please consult personally with documents. Consultation charges will apply.

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Answered on 8/12/07, 3:25 am
Nandita Haldipur Haldipur Associates

Re: child custody

The question of custody has to be decided in the mutual consent otherwise the court will decided on the welfare of teh child

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Answered on 8/11/07, 12:18 am
Alok Sharma Alok Sharma & Associates

Re: child custody

The question of custody of child can be decided in proceedings for divorce by mutual consent.Otherwise courts are guided by welfare of minor, which is of paramount consideration.

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Answered on 8/10/07, 8:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

the custody of child depends upon child's welfare.

at this stage, the child being too small to exercise his discretion, it is better to have joint custody by putting the child in some good boarding school and share custody during vacations on equal basis.

for further and better advice, please write about professional/education level of all the parties.

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Answered on 8/11/07, 2:38 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: child custody

your statement of bad character itself is good enough provided that you establish by way of evidence is a good ground for seeking custody of child, and monetarily if you can afford him that is another ground and you can seek maintenance for the child.

B.Balasubramanya.

Advocate.

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Answered on 8/14/07, 12:15 am

Re: child custody

This issue should be resolved by you and your husband ammicably otherwise either of you can approach the court.There are various ground which can not be explained here in such short space.contact with details.

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Answered on 8/10/07, 2:13 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody

you both have to decide personally for the custody of childern or you may consult me personally as cannot write pages and pages here

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Answered on 8/10/07, 2:30 pm
rajeshwar sharma rajeshwarnathsharma

Re: child custody

You may file case in the concerned court for the cusdoty of the child and moreover you are the mother and natural guardian of the son. You may submit that the child is tender age and only mother can care of the child in such situation. You may request the court that you being mother of tender age can look after the son and his day to day affair and it will be also in the benefit and welfare of child. It is advisable to contact attorney/lawyer

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Answered on 8/11/07, 11:54 pm


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