Legal Question in Family Law in India
I was divorced by my husband and the court didnt order for any final compensation or settlement as the case was filed in civil court ...except the interim allowance of Rs.1500 for me and and my son. I have filed a case in high court asking for a compensation. Will I get justice ? As Iam suffering from health problems now Iam unable to go for a job & I need to take care of my son who is in my custody since birth. More over my Ex-Husband has not even filed any visiting rights to see his son for past 10yrs,nor shown interest in seeing him. Now that my case is in court ... Is there any possibility for him to ask for custody of his son? My son has not seen his dad since he was 5 months baby. Will the court ask the child for his opinion ?He is only 10yrs now.My Ex is a Govt Dr by profession. If the court grands custody to him ( He is single) how will my son cope ???Please answer me.
2 Answers from Attorneys
you can ask your lawyer who has filed an appeal against the order in the high court, the circumstances that would justify more compensation and maintenance. however, without going through the case file it is not possible to opine any further.
There is hardly any possibility of court granting custody of the child to father in the given situation. The custody status of mother is not usually changed unless she becomes 'disqualified' for reasons established in law. In that situation also, the court will normally ask the child.
You can seek enhancement of compensation amount by filing appropriate application.
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