Legal Question in Family Law in India
1 have 1.7 years son ,i have filed child custody case .
My wife have file 498a/406/34
My wife wants mutual divorce
conditions are
1)She will withdraw 498a
2)I have to withdraw child custody case
3)She with give visitation right at any neutral place
4)I will never file child custody case in future
This will be written in divorce paper
My question is if i sign and got divorce , can i file
child custody case later after getting divorce ,will court
allow me for child custody case
4 Answers from Attorneys
dear client....
its better that you accept the T & C and get rid of the case... as the child is to small so any how you wont get his custody so useless in indulging ur self in such cases... yes once the child become 10 yrs you can claim for the custody on valid grounds...
dear client yr child is only 1.7 year old, so u will not get custody of child. so go for mutual divorce. u will get visiting rights. after 12 years of his age u can ask custody. for any legal help call me on 9422611385
ADV PRASAD PATIL
HIGH COURT, BOMBAY
&
DIST COURT, PUNE
you will not get the custody but you may get the visiting right now,you may give divorce u may file custody after completing 12 years of ur son.
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