Legal Question in Family Law in India

Divorce and child custody

my husband has filed divorce in family court saying that i have affair with another man,and child custody case got dimissed in family court,child is 4 yrs 2mnths old,now he has filed case in High court for child custody?i dont want divorce i want to stay with him and dont want to give my child pls advice


Asked on 7/24/08, 2:25 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce and child custody

Don't worry about child custody as child is less than 5yrs old. you can challenge divorce petition and try to reconcile out of court.

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Answered on 7/24/08, 8:33 am
Sumit Mehta S 'n' S Law Offices

Re: Divorce and child custody

Madam,

We understand how emotional is the bond of marriage... however we would never advice any person to break the ties of marriage. But sometimes it is better to move on in life and think about the future.

As far as custody of child is concerned then its not easy to snatch away the child from the hands of mother. However if your husband proves that you have a bad character or any other substantial reason which can affect the growth and development of child custody can go to him.

I would suggest if you can meet us in person and we can discuss as in to how this baseless doubt arose in your husbands mind. then may be we can go ahead for marriage re-conciliation or even a counseling session with your husband and you.

We respect your dignity and we will make all the efforts to reinstate your marriage ties.

Respect and Regards,

Sumit Mehta

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Answered on 7/24/08, 2:39 am

Re: Divorce and child custody

Till the age of 5 years of child,mother is the natural guardian of the child and only in exceptional cases the court can grant custody to husband or any other person.In your case no exceptional case is made out.Charge of adultery is the toughest ground to prove.Your husband has taken a wrong step.There is nothing to worry.Fight your case properly and go ahead.

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Answered on 7/24/08, 3:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce and child custody

you are likely to retain child custody.

if you do not want divorce and the allegations of your husband in divorce petition are false, you should file your reply denying the allegations and expressing your readiness to join him.

if you need any further assistance in finalising your reply, you may send us a copy of divorce petition and your proposed draft reply. No charges.

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Answered on 7/24/08, 5:34 am


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