Legal Question in Family Law in India
child custody
my wife filled maintaince case stating she is unemployed,she also filed 498 case stating she is a teacher,we are seprated and now she is doing graduation by her surname before marriage.we are tiwari and she is using singh in her graduation.1- are these facts cheating,2-can i file a petition on moral grounds also i am qualified and earning more than her,i aso have proof that she became christian with my concent also converted my 11 year old son with my concent.my concent was forcibily taken.3-can i get childs custody of 11 year old son in light of the above.
3 Answers from Attorneys
Re: child custody
you can apply for child custody and divorce on the grounds stated and the offence of cheating u/s 420 IPC.
Re: child custody
u can obtain divorce on the grounds of conversion and as far as the custody of child is concerned, in that case, the welfare of the child would be considered instead of conversion to a particular religion. merely on the basis of conversion, a fraud is not made out.
Re: child custody
(a) There is cheating based on these facts;
(b) Your question is not clear; there does not seem to be any 'moral ground' involved here; if you are qualified and are earning more than her, what is the dispute?
(c) the child custody will be decided by the court; may be after talking to the child or ascertaining his wishes; the court decides such cases in best interest of the child.
You may file an application for custody of your son.
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