Legal Question in Family Law in India

Woman X is married to Person Y. She has two children. Elder boy 7 yrs and younger girl approx 3 years. They are divorced. She marries another man Z. She gives birth to another girl baby. Now can the person Y claim for the custody of his children back?

Also the elder boy here wants to be with his dad only and not with his mom as he is ill treated by his new father.


Asked on 1/25/11, 10:32 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

since x marriage to z is a change of circumstance therefore Y because of change of circumstances can apply for custody of either boy or girl or both claiming that the welfare of children will be better with him than with x because her attention will be more on the girl child through z

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Answered on 1/25/11, 11:42 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes he can apply for custody

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Answered on 1/26/11, 12:05 am


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