Legal Question in Family Law in India

Child's custody in event of divorce

Dear Madam/Sir,

I am 30 year old married woman.I had a query related to custody of child after divorce.

I am married to a Muslim boy. We first got married in a Gurudwara in punjab(marriage not registered due to some reason) and then again got married according to Muslim customs at Kashmir.My husband works in a private firm.Its been more than 4 yrs and we have a child of 3 years. Who will get custody of child in case anyone of us files for a divorce. I am not working at present but am highly qualified and plan to take up a job soon.Please advice. Thanks


Asked on 1/27/09, 5:17 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child's custody in event of divorce

Maximum possibility is for Mother. You can also get maintenance.

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Answered on 1/27/09, 7:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child's custody in event of divorce

Both of you may seek custody of the child. The court may take a decision depending upon welfare of the child. Usually the court may award custody of a child below five years to mother.

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Answered on 1/27/09, 8:08 am


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