Legal Question in Family Law in India

Dear Sirs,

I have one question. We are having counseling in the family court and am not sure if wife will be present on that day, or if she presents, she may be telling against me according to what her relatives would have told her. If she says like she does not want to live with me and wants divorce , can she claim to take also our 2.5 yr old male child with her, will the verdict will go in that way, they r not allowing me to see the child also , it has been 6 months she left with my child. I know that truth alone will prevail and if she does not want me , she will be the loser afterall. I am still against divorce and willing to accept her still, at any cost ignoring all she had done against me. Kindly help me sir.

Thanks S. Williams


Asked on 4/30/12, 2:19 am

3 Answers from Attorneys
Santosh Dash Legal Consultant

Court generally allows physical custody to the mother since she can take care of the best of the child (court favours child interest), but you can ask the court to give you visitation right as well as legal custody (in which you will decide the future of the child). This thing happen till yr child turns out from minority.

In case she doesnot want to live with you, leave it since there is no pleasure in patching

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Answered on 4/30/12, 2:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Mr Williams: Your question is premature. Normally, mother is entitled for custody of children below age 5, even after that age, she is not disqualified.

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Answered on 4/30/12, 3:30 am
ranganathan raghavachari R.Ranganathan & Associates

You cannot claim the custody of child since the child is only 2-1/2 years. But you can ask for visitation rights at the time of counselling. For any further advice contact me at [email protected]

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Answered on 4/30/12, 4:52 am


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