Legal Question in Family Law in India

I got married in 2008 and now having 3 months old baby boy. Relations between me & my wife are not to any healthy level, and thereso i am planning to have a divorce with my wife. Only thing i need to know is about custody of baby.

As per Indian Law, can i anyhow manage to retain custody of my 3 month old baby.

Or till what age of baby can i expect assured custody of baby.

Please assist me.


Asked on 4/04/11, 1:54 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

mother is entitled to custody till 5 years of age. till then you may get visitation rights. thereafter you may apply for custody showing that you can do better welfare of the child.

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Answered on 4/04/11, 1:58 am
shiv shakner saini saini law

you can't get his custody till his 5 birth day. there after you may ask to the cour for the same. and if u prove that you can give him a better welfare then mother. court may pass such order to give his custody 2 you.

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Answered on 4/04/11, 7:34 am


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