Legal Question in Family Law in India

custody and divorce

Hello, I have been separated from my wife since exactly2 years and we have 4 yrs and 6 months old son. Currently we are living separately in Australia and my son is in india with her parents since last 2 years. she says she won't appy for divorce and she wont live with me and not allowing meto seeemy son when I go to india.

so

1.Can claim my son as she is not been looking after him for last 2 yrs.

2. As she is working also what are the pros and cons If i apply for divorce and claiming my son also?

3.should i pay compensation to her when iam claming my son.

4 can court give me the custody as my son is 4 1/2 yrs now?

5, can I apply for special permission to get married gain as she is adamant.

please help me, Thanks, Harsha


Asked on 5/21/09, 1:15 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: custody and divorce

1. You need to establish the reasons for discontinuation of the existing arrangements.

2. You may seek divorce if adequate grounds are available in law.

3. You should continue making regular payments towards child support and also her maintenance.

4. The court may decide the custody issue taking into consider the "interest" of the child.

5. No court in India may grant any kind of special permission for marrying again during the susbistence of your first marriage.

You may consider reaching an out of court amicable settlement by trying to assuage the hurt feelings of your wife and by making adequate provision for upbringing of your child.

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Answered on 5/21/09, 10:45 pm
KAMAL GROVER

Re: custody and divorce

already replied

Regards

For more query plz email or call me at

[email protected]

M: 09814110005

Note: We deals all over india.

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Answered on 5/21/09, 5:40 am


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