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sowjanya   19 August 2015

Custody of three months old

DUE TO RECONCILABLE DIFFERENCES WITH  MY HUSBAND I M PLANNING TO GET DIVORCED FROM HIM .

HOW CAN I GET CUSTODY OF MY DAUGHTER .

PLEASE GUIDE ME 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

Three month old daughter will always be given in the custody of mother and there is no dispute about it.

prabhakar advocate (advocate)     19 August 2015

If the child is right now in your  custody, you should not worry about custody issue.  You file divorce case.  Let me say, irreconcilable differences is not a ground to get divorce in India.  so, you must have some other reason stipulated in law, like cruelty, desertion, adultery etc. to get divorce or if he is also willing, then you both can go for mutual consent divorce.  The child being very young, even if he files custody case, you will succeed, but he will get visitation rights to meet the child at regular intervals as stipulated by the court.

Prabhakar - Advocate

(M)9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).


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