Legal Question in Family Law in India

Hello Sir

Im David. My Question is Our Mutual Divorce Date is Aug-5 2013 .. She Has Handed Over ( Sole Custody) Of My Minor Son 1.6yrs. An Shes Seeking Divorce from me where shes been doing adultery things outside family an shes caught by me.The Lawyer is from her side, Can She have rights to draft a case again a take my son in future, after i get the sole custody of my son from court order. The lawyer is from her side.How should i be clever while in court. an im christian an shes hindhu. so for the court to grant divorce i should say im hindhu. Thts How Her Lawyer Told me. when the judge asks are you Hindhu Say (Yes)Then Oly The Judge will pass the divorce decree. we dont have any marriage certificate. an we got married by hindhu custom in temple. Pls Advice me Briefly,, Can she have any visiting rights on my son after i get Sole custody of my child. Pls Answer me queries,,

Asked on 7/09/13, 7:28 am

3 Answers from Attorneys

Lovkesh Gupta Advocate And Lawyer In Jalandhar.

ur marriage is not valid one .u both belong to different religion. ur marriage required to be register through special marriage Act.parents have always meeting rights & she can claim child back

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Answered on 7/09/13, 7:50 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. The custody orders are variable. The guardian Court may change the custody in appropriate situation, if the Court so considers for welfare of the child.

2. You should not tell a lie. There is no need to make a false / wrong statement about your religion.

3. You should have your own lawyer who can represent you and watch your interest.

4. Even if you get sole custody at this stage, mother can still be granted visitation rights at any stage to best serve the welfare of the child.

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Answered on 7/09/13, 8:59 am

It all depends upon the case.

Though your marriage is void hence you should follow your advocate. better to engage your lawyer also.

good luck.

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Answered on 7/09/13, 9:00 pm

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