Legal Question in Family Law in India

I am married for past 3 1/2 years,have a 2 years son and staying with my in - laws. Due to my in laws over interference, taking all home decisions esp now abt my son and their alleged behavious towards me, I have asked my husband to live separately in another home with our Son. My husband who is a complete parent's boy has refused to stay apart from his parents rather he wants to file for separation from me. My husband and in - laws had hidden the fact of my husband being an acute case of diabetic for the first 2 years of my marriage. In case I file for separation, what are the chances to get total custody of my child (I am a working professional). Also can I settle aborad (out of India) with my child in case I get his custody?


Asked on 9/23/09, 7:19 am

1 Answer from Attorneys
Seshadri Srinivasan www.lawconcern.com

Husband is the natural guardian under the Hindu law.

However, wife can claim custody if she can prove that Husband has some incapacity like health, career reason etc and if Wife has a better career then on the footing that Mother can take better care of the son, custody right can be claimed.

S.Seshadri

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Answered on 9/23/09, 9:20 am


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