Legal Question in Family Law in India

custody

We are getting divorced by mutual consent. We have 4 1/2 yr old son and she wants me to give only visitation rights and not allowing my son stay with me even single night.

Can you please tell me

1. are there any written rules regarding visitation rights that overnight stay with dad is not permissible..

2. Don't I have a right to ask the court to allow my son to stay with me though costody goes to her?


Asked on 6/08/09, 8:00 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: custody

The settlement terms may be decided mutually. There are no hard and fast rules. The cusotdy and maintenance issues are alterable depending upon the situation. You may better avoid litigation and reach an amicable out of court settlement.

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Answered on 6/09/09, 11:06 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: custody

1)No all depends on your consent terms

2)generally in mutual divorce court doesnot interrupt.

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Answered on 6/09/09, 6:47 am
G. M. Gupta gmguptaandassociates

Re: custody

you can have the son with you. though the terms are decided by the husband and wife normally but in cases where disputes are not solved then the court give rights to both parties to have access to the kid.

its in the interest of the kid that you sort it out between yourself

anyway best of luck

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Answered on 6/08/09, 10:16 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: custody

what ever has been agreed upon between you parties in the agreement, i.e final.

although the conditions you have mentioned legally are not tenable, but once upon agreed and signed , you bound by the same

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Answered on 6/08/09, 10:52 am
Nandita Haldipur Haldipur Associates

Re: custody

there is no such rule . but as you are going for a mutual consent all teh terms have to be settled between you both in the mutual consent petition

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Answered on 6/08/09, 11:24 am


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