Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number
Vidhikarya Official support e-mail info@vidhikarya.com Contact Vidhikarya by phone Number+917604047601 vidhikarya whatsapp Number+917604047602
Corporate Services
Contact Us
Corporate Services Contact Us

Home > Free Legal Advice > Question Details

Vidhikarya Legal Questions Answered

100,000+ Legal Questions Answered

100,000+ Legal Questions Answered
Ask Your Question
Last Updated On 04-Dec-2018
Divorce and Separation

Divorce & child custody

Hello, I have a friend who is mother of a 6 months old baby.She & her husband have very different thought process and they don't get along well. The husband is too inclined towards outsiders & has humiliated his wife for them.Anyone can easily manipulate him. His wife is an introvert, dignified,emotional homemaker as well as a focused career person.Inspite of all the attempts to make things work both end up into ugly fights.These fights are creating bad memories leading to negativity in both.This might badly affect the child & them individually.Hence ,it is wise to separate.However,he is politically well connected & is reluctant to let go the child.They havent yet applied for divorce... ?? What are the chances that he can get the child ?

( Mumbai City, Maharashtra )

28-Nov-2018

Reply to this question

Reply
A.
Not till the baby is 5 years old.
Posted On 04-Dec-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Dear Ms. Shefali,
When the question of separation comes in the mother has the upper hand and the law is in favour of the mother till the child is 7 years.However, the father will have a visiting right in the presence of mother and no of times will be decided by the Court.
Shanti Ranjan Behera
Advocate
Posted On 30-Nov-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
No there's no chance for him to get the custody till the baby attains the age of 5 years. The mother retains the custody of the child till 5 years of age. However, he will get the visit right to once in a weekend to meet the baby in the presence of the mother.
Posted On 29-Nov-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
dear client there is no chance until that child become major. no one can avoid or breaks provision of law.mother should be guardian and eligible to take care of that child until proper age.The mother usually gets custody of the minor child, under the age of five. Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child’s interests. The choice of a child above the age of nine is considered. A mother who is proven to neglect or ill-treat the child is not given custody.
Posted On 28-Nov-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Dear Sir/Madam,
Take it has granted that till the child attains the age of 5 years the custody will be with the mother.
Posted On 28-Nov-2018
Kishan Dutt Kalaskar
Callto vidhikarya advocate Kishan Dutt Kalaskar Call to advocate Kishan Dutt Kalaskar Send whatsapp message to vidhikarya advocate Kishan Dutt Kalaskar Send whatsapp message to advocate Kishan Dutt Kalaskar Send mail to vidhikarya advocate Kishan Dutt Kalaskar Send mail to advocate Kishan Dutt Kalaskar
View All Answers
Was the answer helpfull

Helpful

Share
A.
the facts given by you are not clear, However For details, pl. contact some advocate through vidhikarya.com
Posted On 28-Nov-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
If child below 6 year then children coustody goes to the mother
Posted On 28-Nov-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Till the child turns 5 years old the natural custody lies with the mother unless the mother is incapable to take care. So your friend can go ahead and have the custody with herself.
Posted On 28-Nov-2018
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
Abhimanyu Shandilya
Callto vidhikarya advocate Abhimanyu Shandilya Call to advocate Abhimanyu Shandilya Send whatsapp message to vidhikarya advocate Abhimanyu Shandilya Send whatsapp message to advocate Abhimanyu Shandilya Send mail to vidhikarya advocate Abhimanyu Shandilya Send mail to advocate Abhimanyu Shandilya
View All Answers
Was the answer helpfull

Helpful

Share
Submit request

Submit Request

Post Your Legal Issue to connnect with Lawyers Online

Submit
Talk to a lawyer

Read Related Answers

Divorce planning due to extramarital affair

Dear Client, Yes, you can go without her. Actually it depends how quickly you would like to finish the case. There is no set standard rules with regard to number of times. But it can be solved otherwi...

Divorce

Dear madam, File maintenance case and domestic violence case. If necessary file 498 A CRPC case

Need Advice ..

U should file RCR petition. And send legal notice through lawyer

How to file a divorce petition?

Yes you can file a divorce petition and you will have to have a reason for filing the case. You can site mental cruelty as one of the reasons.

Domestic voilence

Dear Sir Just file series of cases against him
Ask a Question

Ask a Question

Ask Now
Settle Your Dispute without going to Court

Read Blogs on Divorce and Separation

Working Women and Maintenance: Is Employment a Bar to Claim?
Posted On : May 13, 2024

Working Women and Maintenance: Is Employment a Bar to Claim?

Misuse of Section 498 of IPC in the name of Woman Empowerment
Posted On : May 13, 2024

Misuse of Section 498 of IPC in the name of Woman Empowerment

TRIPLE TALAQ - Permanent Ban by Supreme Court
Posted On : May 13, 2024

TRIPLE TALAQ - Permanent Ban by Supreme Court

Categories

©2026 Vidhikarya. All Rights Reserved.

Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

OK Cancel
Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number