Legal Question in Family Law in India

divorse / child coustody

Then my wife filed an application on divorce under section 19 on 18-4-2007 the case was against dismissed on 13-10-2007 as court ordered my wife to be present with my daughter, thought the lawyer for my wife was present with a false medical certificate and rit application to high court of claiming danger to by daughter from me.

The date is still pending in high court since last 5 months

My query in current situation on the following issues:-

� My in laws have kept my daughters Islamic name and are seeking addimittion in a school by Islamic name

� Can I have medical / religious rights(namkaran sanskar) of my daughter

� Can my wife still engage me in 498(a) dowry after almost 7 years of marriage and 3 years of separation? What I can do to avoid it??

� What are rights of a father after 5 years on her daughter

� My in laws are of criminal back ground with many evidences I personally know of wife swapping, child abuse, homosexuality, can this be basis of child custody???

� Can a father win child custody of a daughter??


Asked on 3/17/08, 3:05 pm

5 Answers from Attorneys

Re: divorse / child coustody

I have already given reply to this query.contact with details,professional charges are applicable.

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Answered on 3/17/08, 10:16 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorse / child coustody

custody of a daughter depends on the facts of case how they are presented by your lawyer and on the judge. Even if she engage you in 498a it wont stand after such a long time

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Answered on 3/20/08, 8:45 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorse / child 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.

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Answered on 3/19/08, 6:21 am
Vivek Mapara Vivek N. Mapara

Re: divorse / child coustody

I have already given you the reply. Feel free to contact if you need any further advice, in relation to your case.

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Answered on 3/18/08, 1:44 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorse / child coustody

sure, a father can be awarded custody of his daughter if the monther is found unfit by the court. paramount considertion for the court in taking such decision is the welfare of the child.

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Answered on 3/21/08, 1:23 am


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