Legal Question in Family Law in India
Custody of Unborn Child
If wife is pregnant and she is in fifth month of her pregnancy and deserts the husband due to a very normal wear and tear of the marriage for more than 2 years though the despute was with her mother-in-law and not with her husband in fact it was not a dispute at all it was a very minor problem and it was only because of mother-in-law of the husband who was instigating her daughter ( Wife) and the wife does exactly what her mother says, earlier also she left the house the reason was she is not ready to work and mother of the husband has to do all the work of the house and at the time of leaving the house both the wife and her mother was telling to abort a child though they have not terminated the pregnancy so can the father get the custody of his child after the child is born or when the father can get the child custody?
3 Answers from Attorneys
Re: Custody of Unborn Child
a husband must understand that his wife has a mother too with who she has spent most of her golden part of life. in case the relationship between husband and wife is not normal, there is no point blaming it on either parents rather both of them act in a mature manner and sort it out themselves. as she is pregnant, its all the more important for the husband to patch up the matter for the sake and well being of his child. frictions lead to physical and emotional harm only and it is the child who will suffer the most. communication in a mature manner is required.
Re: Custody of Unborn Child
no the child willbe too small to be given to father and it will remain with the custody of the mother till she or he grows up after all the court will not take such a risk mother is natural gaurdian of very small child under hindu law
Re: Custody of Unborn Child
The child custody is dependent on several factors; the reasons mentioned in your statement are not sufficient for father's custody. Before the custody issue arises, you may need to consider about maintenance of the child and the mother.
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