Legal Question in Family Law in India

Re: Divorce & child custody

you can file for divorce and also for custody . but generally visitation rights will be given to the teh other parent

Re: Divorce & child custody

Since you want to take divorce and child custody, you should file necessary applications for divorce and child custody in the appropriate court.

Re: Divorce & child custody

You can, however, through the process of Court.

Re: Divorce & child custody

Do u want to take divorce with your husband by mutual consent? If yes then convience him about the child custody. If he agrees then while making divorce deed, incorporate such clause in it. And if does not then, as per law a child always remains with her mother atlest till age of 9, and then after court will decide the custody of child on appropriate application from the concerned side.

And if divorce is by going through court process, then you have to make necessary application for the child custody.

Re: Divorce & child custody

You can do so on valid grounds. Please explain the reasons for seeking divorce and the background of your marriage.

Re: Divorce & child custody

By mere saying that you want divorce from your husband will not enough. You have to file the case on ground mentioned and permissible by the prevailing law.

You may file application to the concerned court for custody of the child. You are mother and natural guardian of the child.

Re: Divorce & child custody

Uptill the age of 5 years,you are the natural guardian of child,so the child shall remain with you unless and untill some exceptional circumstance exists.Consult an advocate for filing of divorce case.

Re: Divorce & child custody

please think about the welfare of the child of 3 years of age and try to settle with your husband.

otherwise you can take divorce on valid grounds and then or simultaneously apply for the custody of the child.

Re: Divorce & child custody

I have gone through query. That you have not given any details what for you want to take divorce. For divorce you have to approach to the court of law. By simply you want divorce court cannot give divorce and regarding the custody of child you can take custody of child. But my suggestion is to short out the problem and make better future of your child. Do not take hasty decision. If it is serious take the help of your elders and also contact advocate.