keyur (manager) 14 May 2013

My 8 years daughters custody who is into residential school

I got mutual divorce in May '11 post 10 yrs of marriage life.As per decree I am paying Rs 20K per month to my exwife as maintennace for my daughter.I m having visitation rights on weekly basis for full day on sat/sunday.I got remarried in Sep-11.I m blessed by baby boy in Jan-13.My wife is very supportive & we use to bring my daughter on every weekend.

Now My exwife is moving to another city & had taken my daughter's admission in residential school.I am having a good job.She is working for some relegious organisation.

Now what are the chances for me to get her custody & in what time?

Pls reply at the earliest as I am feeling nightmare.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 May 2013

In my opinion you have a good chance if your daughter is happy living with you. It will also be in the interest of your daughter to live with her father and little brother in her home i.e with her family, rather than in a boarding school. Step mom is not a big issue if your daughter is comfortable with her. You can file for custody but nobody can predict in what time you will get the custody as court procedures do take a bit of time and it also depends how much your first wife resist your application.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 May 2013

agree with expert

keyur (manager) 16 May 2013

Thanks Mam.Can you tell me approximate time lag for the court to pass the judgement.

Adv Archana Deshmukh (Practicing Advocate) 16 May 2013

Absolutely not. No advocate can predict it as it depends upon various factors and some of it are byond the control of advocates also such as judge on holiday or gets transferred, just to give an example of it. So the one who wud predict time is telling lies. It may take from a few months to few years depending upon how hardly your wife contests the case. It is better if you file for it in the vacations right now citing urgency regarding school admission etc and get the notice served upon your wife so that the proceedings will be initiated.