Legal Question in Family Law in India
child custody
maried since last 5 years and has 4 years old son. My wife left the country with my son ( becoz of depression, personalty disorder )and kept him in India with her parents and back to Australia and living separately since last 1 year. As she is now asking for divorce by mutual consent+custody of my son.
Can you please tell me,
1. can I apply in indian courts for divorce + custody of son as I can claim my son is been looked after by her parents and hence she is not capable?
2. As she fled the country with my son who was dependant on my visa, does that amount to child abuse in indian law?
3. what are my chances of getting custody or unrestrcited access?
3 Answers from Attorneys
Re: child custody
(i) you can certainly apply for divorce in the court of competent jurisdiction in India and also for the custody of your son. However since she is inclined for mutual consent divorce, it is worthwhile to discuss and amicably sttle the isuue of divorce. As regard the custody you can certainly plead in the court about non availability of his mother to him
(ii)No
(iii)Fairly good
Re: child custody
1) Yes
2) No
3) Frankly 25% only
Re: child custody
1. Yes, you are entitled to apply for divorce and custody of your son in the court of competent jurisdiction in INdia;
2. it is not strictly a case of "child abuse" but certainly an act of "cruelty" which may entitle you to divorce as also better custody rights; you will need a few citations of English law in support of your case; you may write me an e-mail if you need any help in this regard. No charges.
3. You may get custody depending upon court's view; however, you will surely get visitation rights.
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