Legal Question in Family Law in India


details on child custody and divorce time . does mothers educational qualifications and job profile helps to gain child custody as my baby is 18months ... just for her not able to take a step towards divorce as would not like to loose her . i m an architect by profession.. my husband too wants divorce but expects and forces me to take this step. does it makes a difference as in who takes the lead.. please do reply to the earliest

Asked on 6/01/08, 3:11 pm

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

In the normal course the Court grants custody to the mother if the child is less than five years.

Your job profile etc doesnt matter.

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Answered on 6/02/08, 10:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

No, it does not make any different who takes the lead; actually, if both of you are wanting divorce and there is no dispute about alimiony and custody of the child, divorce by mutual consent should be preferred. in any case, you are well within rights not to initiate any proceeding before any forum, if you do not have any issue of cruelty or domestic violence etc.

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Answered on 6/04/08, 5:51 am

Re: divorce

Upto the age of 5 years mother is the best guardian,so till then you have nothing to worry and thereafter,your educational qualifications and earnings are plus points in your favour.If you have decided,then go ahead with divorce and it does not matter as to who has initiated steps for divorce.For any other clarification,contact with details,professional charges are applicable.

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Answered on 6/03/08, 4:01 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce

Generally the court gives custody to the mother of a child less than 5 yrs.Your eduacation and job may be an added advantage.Taking lead doesnot make any difference.

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Answered on 6/02/08, 5:07 am

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