Legal Question in Family Law in India

I signed a Mutual divorce from my wife on her and her fathers compulsion , I have a girl child born out of the wedlock she is 3.5 years old family court has given 06months time for final divorce can I claim custody of my child or it goes to the mother .At what age of child I can get the custody of child is it legally possible .


Asked on 2/28/11, 5:46 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

normally mother is entitled to custody till the child is 5 yrs of age. However, under exceptional circumstances requiring welfare of the child, father may move an application for custody before that also. Since your child is under 5, your best bet at this time is to seek visitation of the child and later may apply for the custody.

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Answered on 2/28/11, 6:35 am


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