Legal Question in Family Law in India

divorce &custody

i want a divorce on grounds of adultery.i've been married 4 the past 7yrs &have a 4 yr old son,my husband has already been divorced before.i was married under the muslim law.i want to know wat r my chances of my son's custody & wat are my rights.


Asked on 8/24/07, 4:35 pm

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce &custody

custody of a child depend upon several factors which the courts in India keep in mind before taking a decision; most important is the 'well being' of the child; the education of parents and their financial status also plays an important role; please provide full facts about education, occupation etc. of both of you as also the priorities the child may have, if the child is that mature.

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Answered on 8/24/07, 8:13 pm
rajeshwar sharma rajeshwarnathsharma

Re: divorce &custody

Divorce can be by mutually from the majid or court.

You can continue the cusdoty of the child

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Answered on 8/26/07, 3:43 am
kavitha balakrishnan kpp associates

Re: divorce &custody

divorce .. if it is mutual either you can get it nullified thru the masjid or court

guardianship and custody the male child... until the age of 7 the mother and her relations are entitled .. custody continue even after divorce!

there are also other factors for consideration - think again and makeup your mind .. plan for the future for the life ahead of you and the child.

our best wishes and prayers to you all!

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Answered on 8/25/07, 3:33 am

Re: divorce &custody

I donot advise to take the ground of adultery for divorce unless and untill you have direct proof.It is toughfest ground and it is difficult to prove this ground.Custody of child dependsupon several grounds like status of parties,montery status etc.so contact with details.professional charges applicable.

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Answered on 8/25/07, 6:37 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce &custody

good morning

first of all i would not advise you to take divorce on grounds of adultery until and unless you have a solid proof and as far the custody of child is concerned it depands on lots of grounds. for e.g. monetary status and responsibilities.

you may contact me personally

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Answered on 8/27/07, 1:02 am


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