Legal Question in Family Law in India
Sir, My cousin is now being presented with divorce papers on basis of immoral behaviour and is being denied custody of her child. She has her first court hearing in couple weeks. Truth is she was neglected by her husband and was unhappy. No proof for immoral behaviour. She was forced to sign papers stating she was agreeing to give divorce on mutual consent. What are her chances to get custody of her child and present her side of the story to the court ?
4 Answers from Attorneys
even if she admitted on papers that she is leading an immoral life, this cannot be held a good proof as there is possible of coercion and duress on the part of husband and in laws. what is the age of the child? generally the custody of the child is with the mother only and in case she files a petition for custody, she stands good chance of getting her child back.
In addition to above, even at the time of statement before the court for mutual divorce (assuming that you agree for that) you may tell the court that you never agreed for the custody of the child. Also if you do not agree for mutual divorce, you may not make statement before the court.
custody of child depends upon age of child and certain other factors. your cousin can defend herself stating the above facts
take all the true facts before the court and wait for appropriate orders without any guess work.
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