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.
3 Answers from Attorneys
Re: remarriage and child's custody
already replied and it will be a good ground for your wife that step mother will not give proper care and moreover without divorce this step will not help you.
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Re: remarriage and child's custody
Duplicate question. Already answered.
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.
Re: remarriage and child's custody
you have a strong case of custody of your son till the time u dont remarry. once u marry her, your case might become weak as the court would be in favour of giving custody of the child to biological mother. anyhow, its not a hard and fast rule and welfare and will and wish of the child would be of paramount consideration. you stand to win the custody case even after you remarry if the court is of opinion that child is happy with you both.