Legal Question in Family Law in India

There are many factors involved in a custody matter before the court decide against or in favour of any party. Are you in a position to take care of your child ,physically, mentally ,financially and spirtually ,then only think of filing for custody ? Is your mom alive ? What kind of work or Businness you are doing ? These are the few factors/questions for you to answer before i could answer your queries.
I can take care of my child physically, mentally, financilally and spirtually. I am doing my business as commission agent. I will go out of my house on every monday only. Tuesday to sunday i will work from my home through phone and internet. My mother is alive and living in the same house. Till the separation i took care of all my child day to day activities. After the separation my wife relatives took the child from my house forcefully. My child is also very attached with me. She won't goto her mom. My child is now with meternal gramdmother. My point is my wife has no income, mother-in law also housewife. My father-in law nearing retirement.How can they take care of my child.

Asked on 5/10/11, 2:56 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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apart from what you have mentioned, there are other factors also that are important in deciding custody matters. in case the child is small, the custody should generally be with the mother and in case she is not earning, maintenance for the child can be awarded by the court. however, it is the judges discretion as well that matters, in granting custody.

Answered on 5/10/11, 2:59 am

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