Legal Question in Family Law in India

Child Custody

I am married since last 9 years.

After seven years my wife left with my son and got settled in a different city

I also got settled in same city to pacify her to return.

Nothing fruitful happen and we are now ready to file for divorce by mutual consent

Now my wife is going alone abroad for atleast a period of two year,and keeping our son in boarding

My son is now 6 years old, can i get permanent custody of child since his mother is going abroad,or will i have to wait for some more years

Asked on 6/03/08, 5:58 am

6 Answers from Attorneys

Re: Child Custody

Yes right now you can claim custody of your child. As of now she is not interested to take care of your child you can claim the custody of child and you also claim permanent custody of child.


Ph 9392465234

Read more
Answered on 6/03/08, 9:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child Custody

You are entitled to seek the custody of the children. As far the courts are concerned it is always measured in favour of the welfare of the child.

Read more
Answered on 6/16/08, 3:13 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child Custody

Your entitled to seek custody of the child. However, for the courts the paramount consideration will be welfare of the child.

Read more
Answered on 6/04/08, 5:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child Custody

No donot wait you can apply for custody.

Read more
Answered on 6/04/08, 7:46 am
Bidesh Sinha Universal Legal Firm

Re: Child Custody

you can file a guardianship case under the Guardian and Wards Act,

Read more
Answered on 6/04/08, 8:58 am

Re: Child Custody

Dear brother,

You can take the custody of your child. Because of two reasons,;

1. Your wife dont have time to care about child and your child is in boarding and you can take his care well instead of boarding.

2. After 5 Years father can claim his right and can take custody of his child but after the age of 16 years, it is the willingness of your child wheather he wants to live with you or your wife.

But you had not clear that how much you are earning and how much your wife. So that point is also important because court saw these aspects also.

childs welfare is the main motive to provide the custody.

Gud luck.

Read more
Answered on 6/03/08, 7:17 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India