Legal Question in Family Law in India

custody

I have been separated from my wife since last 2 years and living separatley in America. My 4 1/2 yr old son living with her parents in india. She is not ready for divorce and also not let me to see my son.

can I

1 Apply for divorce claiming my son as he is still 4 1/2 yrs?

2.As my son is been looked after only by her parents,are my chances are brighter getting custody?

3. Can she claim for compensation even though she is working?


Asked on 5/21/09, 8:39 am

5 Answers from Attorneys

Re: custody

yes you can divorce and get your son.

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Answered on 5/21/09, 8:46 am
Nandita Haldipur Haldipur Associates

Re: custody

you can apply for divorce and custody but you will also have to show that how you are going to look after the child. generally if she is working then she cannot get maintainece

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Answered on 5/21/09, 9:30 am

Re: custody

1.You can file a petition for divorce and even you can claim custody of your son.

2.As a father you have all right to claim custody of your son.

3.If she is working she is not entitle for any compensation.

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Answered on 5/21/09, 9:37 am

Re: custody

1.You can file a petition for divorce and even you can claim custody of your son.

2.As a father you have all right to claim custody of your son.

3.If she is working she is not entitle for any compensation.

M.P. SANJAY

Advocate

Ph : 9392465234

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Answered on 5/21/09, 9:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: custody

1. You may apply for divorce in India; however, custody matter will be decided by the courts.

2. You may take a chance; however, you will need to establish that your wife is not legally competent for child's custody.

3. She may be entitled to compensation as also child support.

You may consider out of court amicable settlement and avoid litigation. It may help if you start making payment of maintenance and child support voluntarily without waiting for court's orders.

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Answered on 5/22/09, 1:07 am


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