Legal Question in Family Law in India

Custody of Childs

I am 46 yrs divorced have son 18 yrs. I was suspected one girls (29 ) husband have 5+ daughter 18 monts son have an affair with his wife who stays just beside my vaccant land since I had given a cell phone to observe my land. After usuing cell phone only 7 days she have to left her husband house since he notice that she is talking over cell phone. There was an earlier instance for her and due to torcher of her husband she had make an FIR ( 428 ) against husband but after requesting all relatives and friends she withdraw the case before arresting her husband and on in - laws.

Afater spending 2 months in her parents house she apply for mutual divorce with the signature of husband . There was no claim for maintainance and not giving any charge against husband and also claim for custody for childs where initially her husband agreed . After 6 months, on final hearing day after mentioning by handwritten note on the affidavit in chief -- '' and it was agreed by myself and petitioner no.1 that our son and daughter will stay with petiioner no.1 one day in every week'', and the divorce was occur on 12th Mar,09.

I will now marry her. Please advise me how we can take full custody of clilds and prevent to meet childs with his father.


Asked on 3/16/09, 4:02 am

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

Re: Custody of Childs

contact a local Sr advocate

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Answered on 3/20/09, 9:57 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Custody of Childs

Hello

Good Afternoon!

If it is possible from your side to prove the same in the Court that visitation of father to the child is harmful then there can be a change in the custody order.

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Answered on 3/17/09, 6:43 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Custody of Childs

in case she herself has agreed that her ex husband will meet the children once a week, you cannot take back this right from him unless you show pressing grounds that meeting the children is harmful for the welfare of this children. better let the children meet their natural father.

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Answered on 3/16/09, 4:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of Childs

You may not be able to prevent the father to meet his children UNLESS you may establish in court that his meeting with his children is harmful for the children; The court may amend a custody order is change in circumstance is shown;

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Answered on 3/16/09, 6:17 am


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