Legal Question in Family Law in India

Who gets the child custody if he is a minor

My husband and I are in a joint family and have lot of tiff because of varied reasons. Now we have reached a state where we are always arguing and quarelling, and are thinking of separation to our best interests and healthy life. We have a 3 yr old son and I want to know who gets the custody by default. My in-laws are staying with us and he is attached to them and since I go for work, i do not spend most of time with him.Also let me know on what grounds my husband can take the custody, so that I make preventive measures before I apply for separation. I ma sure we will separate one day if we go the way we are now living.


Asked on 5/04/05, 11:30 pm

3 Answers from Attorneys

Sudhakar Joshi NACHIKETA ASSOCIATES

Re: Who gets the child custody if he is a minor

Dear madaam,

I have read your querry, I am competent to deal with such matters and therefore

further communication between us is required for which, pls contact at the below

mentioned contact address of ours. Please contact us immidiately as further

information is required for better assistance and to decide correct line of

action.

On the first instance it appears that, you have a good case and if you insist, we can approach the competent court for child. We can

provide legal assistance at your place as we have branch offices at various

places and also at the SC.please give us your details.

Our contact details are:

Mob: 09824033212

09824386738

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Answered on 5/05/05, 5:15 pm
Rakesh Taneja Taneja Law Office

Re: Who gets the child custody if he is a minor

I may be able to help you in case you are located in Delhi/NCR. Kindly visit for a discussion.

www.tanejalawoffice.com

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Answered on 5/05/05, 10:30 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Who gets the child custody if he is a minor

Usually it is the mother who gets the custody of the child, but if father proves that he is taking care and that mother is away then it depends on the court to decide as to who keeps the child. But if the father is not earning anything and lets only mother to earn then there is a chance to seek the custody of the child.

it is advised to meet a lawyer and show all the relevant documents of salary income and other benefits you are giving to the child.

but my advise is that in every family there is always a quarrel and fight but after some time it settles down and people become weak and they do not in the interest of the child fight they restrain themselves from fighting.

If you go out now it will be too difficult to carry on with the child and work unless there is somebody to take care of the child, and if your parents are aged and cannot take proper care the child will become depressed and later he may become violent or submissive.

Give a try for peaceful living, find out what is the reason behind the fight and try to solve the problem by yourself. if you think, there will always be a solution to each problem, only it may take sometime.

B.Balasubramanya.

Advocate.

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Answered on 5/05/05, 12:40 am


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