Legal Question in Family Law in India
custody
we are getting divorced mutually and wife wants to give my 4/12 yr old son 's custody to me which she always refused for me to stay with him even for single night since last 2 years? Now all of a sudden she saying this. She also lives overseas and me as well and currently my son with her parents in india.
so I just want to know,
1, can she reclaim custody of son once she gets divorce?
2, are there any legal points which we need to mention in mutual consent so that she can play any tricks later on?
3 any other legal implications later for eg she filing dowry case, cruelty case etc.Please help me.
2 Answers from Attorneys
Re: custody
A pitiable case yours is although a 4 1/2 years kid is suffering from the impact.However the court may not give you the custody of your son as he is a minor and a kid and still be needing mother more than you.But still if your wife is insisting then she might want to get married again and a kid will always be a hindrance.
Re: custody
1. Yes. The custody orders are vairable in nature; the parties may approach the court for modification of custody orders;
2. Yes, the divorce settlement should contain a clause about "full and final settlement of accounts" and also about "alimony/spousal support".
3. The dowry / cruelty case, if already pending, may be got settled in view of the compromise; If divorce is granted by 'mutual settlement', no such case may be maintainable in future.
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