Legal Question in Family Law in India

Re: divorse / chil coustody

while deciding a custody matter, the court will normally consider the comparative merit of the parents; the custody of child of tender age is usually awarded to mother, unless father can prove that the mother is unfit for custody; and that the custody of mother will not be good for the child; 'paramount consideration' for the court to take a decision is 'welfare' of the child;

you need to present your case accordingly.

Re: divorse / chil coustody

After completion of 5 years,father is the natural guardian of child but in case of girl child,mother is given preference over the father as after one stage(puberty age) father can not give guidance to girl child.However,in exceptional circumstance as you have stated,court can grant custody of girl child.File a cacse of custody of girl child.For any other assistance,contact with details,professional charges are applicable.

Re: divorse / chil coustody

Already replied

Re: divorse / chil coustody

If the inlaws have got a criminal background then court will not grant the custody to them in that case you may handed over the custody of the child.

And as far the name/education/sect is concerned you are completely entitled to giver her the name and education of your choice.

Contact a good lawyer as you have got a strong case.

Re: divorse / chil coustody

The prime consideration before court, at the time of granting custody of a minor child, is the welfare of the child.

Normally a custody of a minor girl belongs to a mother, but If it is proved that the inlaws have criminal back ground, then court would certainly not grant custody to them, and you will be entitled to the custody of child.

So far so as name and education is concerned, the girl belongs to yor sect, and your family, and your religion, and hence you are entitled to give her the name and educaiton of your choice.

You do have great case on merits. Engage a good lawyer who can contest your case properly.