Legal Question in Family Law in India

Re: Please help!!

you can marry your friend

her allegations may not hold good if she has consented for divorce without raising such allegations then.

as far as child custody is concerned she cannot forcibly take them, as the father will have priority over children especially if they are Hindus and that since children are 14 and 10 years old their wishes shall be taken into consideration, welfare of children being primary concern under law.

Re: Please help!!

your friends wife can claim custody only if she is able to show that there as execptional circumstances and it is not in the welfare of the children to stay with father

Re: Please help!!

all the things will depend on what they have admitted and said in their divorce petitions and statements.

but as per your details it seems that everything will be alright and you may retain the custody.

it will be better to consult a lawyer with all your documents.

Re: Please help!!

Either you are confused or is not able to express your self properly.You want to travel in two boats at the same time.Why not you concentrate on life alone?Why you are so much interested/concern with your friend's life?Go and enjoy your own life and your friend to face and solve his own problems.Nevertheless,The conditions settled between your friend and his wife in mutual consent petition is binding on your friend and his wife.Now she can not claim custody.She has to file a custody case to get the custody of children by showing some exceptional circumstances.Children are grown up and their choice also matters and court will also consider their openion.You are not liable for any prosecution of causing cruelty etc.

Re: Please help!!

Since by mutual consent it is specifically stated that kids will remain with father, then mother would not be entitled to take back them. For taking the custody mother would have to file application under guardians and wardian act. If she does so, then you will be entitled to file your objections,in which you can take all defense as to her mothers negligence towards child, and her attitude, her financial position etc.

Do no worry about child custody, it is difficult for her mother to get their custody.

If you have any other query, feel free to contact.

Re: Please help!!

You may go ahead with marriage plans without any fear. The kids cannot be taken away forcibly. While deciding custody issue, the court will surely take into consideration welfare of the kids and may record their consent. nothing to worry on that count.

Re: Please help!!

You may marry him without any fear. Ex-wife cannot take back the kids when she herself gave consent and handed over the cusdoty of the kids in the divorce case. Told your friend not take so much tension and he must lodged the complaint against her ex-wife of her illegal threat to the police authorities. For furhter query contect me.