Legal Question in Family Law in India

custody

we have decided to get divorced by mutual consent and she wants me to give custodyof 4 1/2 yr old son to me. So he is still minor,

1. will court object for this even though she is ready to give her full consent?

2,once divorced are there any grounds for her that she cab claim the custody of the son? Thanks


Asked on 6/18/09, 5:45 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: custody

Dear Gentleman:

1. The court will not object if you both have agreed to the custody arrangement of son.

2. Under normal circumstances, she cannot claim the custody if in the petition a care has been taken for her to not to claim the custody even in change of your circumstances i.e. your second marriage.

Brgds

vishwa arya

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Answered on 6/18/09, 7:51 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: custody

whatever has been agreed upon between you parties in mutual consent , that is final.

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Answered on 6/18/09, 10:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: custody

1. No.

2. Yes.

The custody orders can be varied by the courts depending upon the situations.

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Answered on 6/18/09, 1:05 pm


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