Legal Question in Family Law in India
remarriage and child's custody
My wife has applied for divorce,since from last 2 and half years we are seperated,we have a son of 6 years,who is living with me from seperation time.Now my wife wants child's custody.since from seperation for the sake of to look after my son, I have live-in relationship with one woman, I want to remarry with her. I am an Hindu,can coversion to Muslim religion can our marriage be valid?. In any condition I dont want to loose my son's custody because he wants to live with us.
2 Answers from Attorneys
Re: remarriage and child's custody
yes you can convert your religion, but if case is pending then court will not consider this point and in that case you will also loose your child.
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Re: remarriage and child's custody
The conversion may rather prove harmful because it will be a fraud on statute as held by the Supreme Court of India.
The live-in relationship may disentitle you for custody of your child and may entitle your wife to the custody of the child.
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