Child Custody Child Custody

2 years ago

My wife is cheating on from three months she went to her friends in pretext of function later I came to know about the affair when I asked she said she will not come r give my son to me my problem is I don't have the proof for her affair

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You will get divorce and child without alimony if you can establish adultery.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Tanmoy Chattopadhyay

Responded 2 years ago

A.Collect the proof if you want to have the court convinced of your allegations. Nevertheless until the child is 5 the mother is statutorily authorized to have the custody of child. Even thereafter although the father is the natural guardian but the best interest of the child is the dominant consideration as per law and therefore the road ahead might be hard if you do not keep collecting evidence.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.You need to collect enough evidence against her to file both the cases of divorce and custody. Without the evidence you will have difficulty fighting your cases so focus on collecting the proof.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.You can file case for custody of child.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
In most cases, courts provide legal custody to both parents jointly, but if the divorce is contentious and the parents appear to never agree, the court awards legal custody to one parent. Judges must make custody decisions in the child's "best interests." The rule requiring courts to focus on the child's needs rather than the needs of the parents is known as the "best interests of the child".
If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You should gather proofs so that you can ask for a divorce. As far as child custody is considered you will have to prove that your wife is incompetent to take care of your child only then will you get custody.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRight to parenting
Dear Client, Your query requires more details to address it suitably. Please revert to us with more details about your query. you can also avail of our paid consultation service to navigate the issue...
question iconGirl child custody
Dear Client, On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves...
question iconST certificate
Dear Client, In a situation where the mother has the sole physical custody of the child wherein, she has not remarried and the paternal rights remain unclaimed, then the mother is vested with the righ...
question iconHarrasement in the school
Dear Client, The Right of Children to Free and Compulsory Education (RTE) Act, 2009, prohibits 'physical punishment' and 'mental harassment' under Section 17(1) and makes it a punishable offense under...
question iconCan a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son
Dear client, As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of the chi...