Legal Question in Family Law in India


We have a 11 month old son.

My husband fell out of love with me when my son was 1 month old.

We know each other from 1995 and got married in 2005. People change with time. I guess, we changed divergently and not compatible with each other anymore.

I tried to remain in the marriage for sake of our child. The loss of affection, negation of everything I say/do, no talking other than operational issues, staying in separate rooms all the times etc. had taken a toll on my health. I realized that I cannot stay in love-less marriage. In fact, it may not do good to the child to see his parents who does not love each other and all the resulting negativity.

I have moved to my parentsí home on 16 Dec and staying there. They are supportive and understanding.

I am an engineer, have a good job and earn enough to take care of myself and the kid.

My husband is a professor in a college.

We both are from educated background. Ours was a love marriage and we do not get along with respective in laws very well and tried to maintain cordialities.

My husband is a caring father and I want to our child to get to spend quality time with his dad as well.

I want to know about the custody law before I take a final decision about legally ending our marriage.

Please help.

Asked on 12/27/13, 3:55 am

3 Answers from Attorneys

dear client if yr husband is not living with u Then u can file petition For restitution of conjugal rights and ask husband to take back u and yr son to matrimonial home. For any help call me on 9422611385

Adv prasad patil

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Answered on 12/27/13, 4:16 am
Lovkesh Gupta Advocate And Lawyer In Jalandhar.

u have all the rights of custody, u can claim custody and meeting rights

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Answered on 12/28/13, 3:52 am

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the Ďnatural guardian of a Hindu minor, in respect of the minorís person as well as in respect of the minorís property Ö. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the motherí.

The concept of welfare of child in India is very broadly designed and followed by the court to ensure custody of child be given to most suited parent. As per the law, the custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent will have the right of access.

The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria. The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. The mother of the child is the preferred custodial parent when the child is of a tender age, unless she is disqualified due to some reason to do so.

Get an expert lawyer to help you with the case. You can call me at 09555 507 507 or send me a mail at [email protected]


Advocate Pooja

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Answered on 12/28/13, 4:03 am

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