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?
5 Answers from Attorneys
Re: custody
yes you can divorce and get your son.
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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
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.
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
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.