Legal Question in Family Law in India

Re: Child Custosy

If the divorce is by mutual consent, what is is the difficulty in deciding the issue of custody?

Anyway, there should not be any difficulty in getting custody, considering the age of the infant, and your financial position, you certainly stand a fair chance of getting custody of the child. But, father will get the right to occassional custody, eg, during vacations, etc, especially as the child gets older.

Re: Child Custosy

Considering the age of the child, there should not be any difficulty in getting custody of the child.Your case of custody is fortified by the fact that you are better placed financially.

Re: Child Custody

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I note that you are:

(i)thirty year old;

(ii)married for almost two years;

(iii)have a 5 month old son from this marraige;

(iv)financially better placed than your husband;and have

(v) agreed upon divorce by mutual consent; and require to understand your chances of winning custody of your infant son.

In the light of the above, I would state that in these matters, the benefit and interest of the infant is the paramount consideration in deciding custody of the child as held by the Supreme Court of India in AIR 1973 SC 2090 in the matter of Rosy Jacob Vs Jacob. Other material considerations in favour of the parent who could be awarded custody could be:(i)respectable position in life;(ii)being in a better position to provide decent education to be able to provide better society so that the child has better prospects in its worldly career. However on a particular parent being given custody, in case such parent, subsequently begins to lead a dissolute life, the Court may on application remove the child from her custody in the interest of the childs bringing up and effect on the childs morals.