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 canada( we are still indian citizens) 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, 1:22 am

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

Re: custody and divorce

Duplicate question. Already answered.

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

Re: custody and divorce

Dear Harsh,

You can claim your son and court will allow also becaue your son is going to be 5 years.

2. You will the divorce and about maintenance amount, it is the discretion of the court.

3. At time of claiming your child it is not necessary to pay compensation.

4. yes you wil get custody of your son

5. without marriage you cannot remarray and court will not give permission.

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, 5:31 am


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