Legal Question in Family Law in India

child custody

We come from traditional/orthodox hindu family. My brother-in-law has applied for divorce(2003) on pretext of dessertion still the case is going on and the child(boy) is with him. He is working privately and my sister is a homeopathic doctor. He has pleeded for a divorce and does not want to give the child(now 10yr old) or compensation.

My sister still wants to join him and that is the reasonwe have not asked the custody of child or compensation or even the articles and gold which we have given at the time of marriage.

My sister whenever she calls her husband to see her child,he uses abusive language and cuts the call. Last wek I aproached petitioner's (brother-in-law) lawyer to make arrangements to see the child on his 10 th birthday, he enquired my brother-in-law and told that he is not willing to show the child.

My question is should my sister go for CUSTODY of CHILD(still she wishes to join her husband) and ask for MAINTAINENCE as we have not approached the court for custody/maintainence till date as this case is due for JUDGEMENT in DEC 2008.

The child is 10yr old boy and is living with father from 2003 to till date. Please guide us


Asked on 10/31/08, 1:24 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

She should file an application for custody of the child and also for maintenance in the pending divorce case. Since a long time has expired, she may not have any chance of joining her husband. Because of her inaction, she may rather consider reconciling with the situation and contend herself with "shared" custody of the child.

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Answered on 10/31/08, 7:14 am
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: child custody

Your sister can file a case against your brother-in-law for custody of child and your sister can also file a maintenance case against him. As far as your sister joining to you brother-in-law, now it is a good time for her taking the advantage of 10th birthday of the child she can go along with elder and well wishers of your brother-n-law and try to convince him to take back the divorce case and join the matrimonial relationship.

try it and I wish you the best of luck.

M.P. SANJAY

Advocate

Ph 9392465234

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Answered on 10/31/08, 10:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody

She can go for custody of the child or in the alternative ask the court for visitation rights

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Answered on 11/05/08, 5:36 am


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