Legal Question in Family Law in India

Sepration + Child Custody
I am married for 7 years out of which my wife was away for almost 5 years on and off. We have a son and lives with her. She put him in a hostel recently which i do not appreciate. She does not allow me to see him or talk to him. On what basis can i get a legal seperation from my wife and how do i get the custody rights over my son?

Asked on 9/19/08, 2:42 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Sepration + Child Custody

The grounds separation can be identified only after knowing full details of your and your wife's life, before and after marriage. However, one ground clearly available is that of desertion.

In the same very petition which you will file for separation, you may also file an application for custody or 'shared/joint' custody of your son. You may also challenge her decision to put the child in a hostel,if you can establish that you can take better care of the child by keeping him stay home with you.

All these decisions will depend a lot upon your facts and circumstances.

for a better and more informed opinion/guidance, please supply me full facts as mentioned above.

Answered on 9/19/08, 7:03 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Sepration + Child Custody

for separating, you may file a petition for judicial separation and in case you want the custody of the child, you will have to file a petition for child custody. she has put the child to boarding, then you stand a good chance of getting custody. u may call me up for further guidance at 9811284735...delhi

regards

Answered on 9/22/08, 3:25 am

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