Legal Question in Family Law in India

i and my husband got married 9 months ago ,me being a indian citizen and my husband acquiring dual citizenship of india and canada both.due to his schizophrenic nature and physical as well as mental torture we could not continue our marriage and hence opted for divorce,i am now 6 months pregnant,i would like to ask the following questions:

can he claim for child custody after child birth if he is giving maintanence/?i do not want to givein the child to him also at what age can he demand for custody?he is fnancially more stable than me is there a likelihod that he stands a chaceof getting physial custody of the child ?although i can suffice the needs of the child without his maintainence,i am currently staying with my parents, plz advice.


Asked on 8/26/10, 10:27 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

So sad to know about the situation. Do you have evidence of his being Schizophrenic? Is the divorce pending or over?

Coming to your main concern - A child up to 5 yrs, male or female, remains in the custody of the mother. Father may claim the custody of the child, whether divorced or not. The financial status of the party has nothing to do with the custody. What is paramount the Welfare of the Child. Who can provide and take better welfare of the child. where the child feels more comfortable. Mere fact that your husband has more wealth he will have to substantiate the he can take better welfare which you may not be able to provide. Another off shoot is the conduct of the parent under whose custody the child had been living. It will be seen how have you nurtured the child so far.

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Answered on 8/26/10, 11:15 pm


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