Legal Question in Family Law in India

Child Custody
I am married for 18 years and have 2 daughters aged 10 and 7.
Wife is always quarelling with me as I am very conservative person and she wants to travel alone and work all day.
She is good person but always arguing, not letting me invite friends home and always telling me that I am weak and selfish.

She wants the divorce telling me that I am mentally ill for arguing and harassing her unncessarily.

1) Her mother is in Kolkatta and I am in Mumbai.
Can she move away with the children who are in very good school and they love their grandparents. 2)Can she move before the court rules in her favour
or can she move right away as she pleases?

In the interim period where do the children have to stay.

3) I earn 4 times more than her. She earns enough to sustain the children or live with her mother who is rich.
Since I have 2 girls I know that custody preference is mother. But I strongly believe she will not be able to bring them up properly
as her primary goal in life is career.
I am willing to give up my career and take care of the children and since
we have the joint family we have women in the household.
4) I am so confident of being the good father and ensuring that I pay for her and her travel.

Pls Assist

Asked on 1/28/09, 7:44 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

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Re: Child Custody

children stay where they want to stay. the court considers where the welfare of the child is and not by the richness of a spouse. If children love their grandparents/you and both reciprocate, the court may grant the custody in your favour. As regards moving out as she please is concerned, if she does not want to live with you, your remedy will be to seek restitution of conjugal rights. the facts you have written are not enough to decide the grounds for divorce.

Answered on 1/28/09, 7:54 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Child Custody

(1) Yes, she may be entitled to move away with children;

(2) She may not need to wait for court order and may move alongwith the children who may stay with her;

(3) The court may award you custody of the children depending upon the over all situation and taking into consideration their welfare.

(4) It will be beneficial for you to behave like a good father.

You may consider suggesting the court that the children may be sent to a boarding school permitting both the parties to share their vacation by allocating number of days each parent may visit and keep children with him/her.

You may continue making payment of maintenance to your wife for herself and her children, despite her income, because your income is more than hers.

Answered on 1/28/09, 8:18 am

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