Mutual divorce
1 month ago
Hello. I am Radha staying in Bangalore, mutual divorce, I have requested only the educational expenses for my son claiming for 20 lakhs. My son is 11 years now and I have taken care of all his needs until date. I told his either give 20 Lakhs or please take custody of kid. He initially agreed for 10 Lakh and now he is saying that he will take custody, but my son do not want to stay with him.
A.Dear Client,
In the context of divorce and child custody in India, there are several legal considerations to be aware of:
1. Child Maintenance:
- Upon the dissolution of marriage through a decree of divorce, the wife has the right to demand maintenance for the child. This is usually determined based on the financial capacity of the parents and the needs of the child.
2. Custody of a Child Below 5 Years:
- As per common practice, custody of a child below the age of 5 is often granted to the mother in India.
3. Guardians and Wards Act 1890:
- Under the Guardians and Wards Act 1890, once a child reaches the age of 9, the court may consider the child's preference regarding custody when deciding on appeals filed by either parent seeking custody.
4. Father's Right to Sole Custody:
- Fathers in India can potentially obtain sole custody of their children. However, certain conditions must be met:
- Establishing the unfitness of the mother before the court.
- Demonstrating that the father meets the "best interest standard" of the child.
5. Additional Burdens for Fathers:
- Fathers may face additional burdens in a custody case, such as proving paternity, their role as the primary caretaker, and the quality of the home environment.
6. Unfitness of the Mother:
- If the court deems the mother unfit to care for the child, the custody may be granted to the father.
It's essential to note that each case is unique, and decisions are made based on the specific circumstances and the best interests of the child. Legal proceedings related to divorce and child custody can vary, and it's advisable to seek professional legal advice to navigate the complexities of such cases.
In the context of divorce and child custody in India, there are several legal considerations to be aware of:
1. Child Maintenance:
- Upon the dissolution of marriage through a decree of divorce, the wife has the right to demand maintenance for the child. This is usually determined based on the financial capacity of the parents and the needs of the child.
2. Custody of a Child Below 5 Years:
- As per common practice, custody of a child below the age of 5 is often granted to the mother in India.
3. Guardians and Wards Act 1890:
- Under the Guardians and Wards Act 1890, once a child reaches the age of 9, the court may consider the child's preference regarding custody when deciding on appeals filed by either parent seeking custody.
4. Father's Right to Sole Custody:
- Fathers in India can potentially obtain sole custody of their children. However, certain conditions must be met:
- Establishing the unfitness of the mother before the court.
- Demonstrating that the father meets the "best interest standard" of the child.
5. Additional Burdens for Fathers:
- Fathers may face additional burdens in a custody case, such as proving paternity, their role as the primary caretaker, and the quality of the home environment.
6. Unfitness of the Mother:
- If the court deems the mother unfit to care for the child, the custody may be granted to the father.
It's essential to note that each case is unique, and decisions are made based on the specific circumstances and the best interests of the child. Legal proceedings related to divorce and child custody can vary, and it's advisable to seek professional legal advice to navigate the complexities of such cases.
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A.Dear Madam,
You should have filed multiple cases against your husband and his family members. For the last 11 years it appears you have not claimed any atleast towards your son. Now, you have come within proposal claiming Rs.20,00,000/- which may not be acceptable to any prudent person. Try to file other cases and create suffocating atmosphere.
You should have filed multiple cases against your husband and his family members. For the last 11 years it appears you have not claimed any atleast towards your son. Now, you have come within proposal claiming Rs.20,00,000/- which may not be acceptable to any prudent person. Try to file other cases and create suffocating atmosphere.
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A.Dear Client,
On dissolution of marriage through a decree of divorce, if the couple has a child from their marriage, the wife may demand maintenance for the child, and 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 the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father.
On dissolution of marriage through a decree of divorce, if the couple has a child from their marriage, the wife may demand maintenance for the child, and 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 the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father.
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