Divorce

swami (Querist) 06 March 2013 This query is : Resolved
hi sir,
my sister is wanting a divorce as she is not mentally able to live with her husband.But she is worried about her 9 year old son as she may not live without him.Please advise whether she can proceed legally to divorce(if her husband agrees)by making sure that the court allows the son to live with the mother(son also likes to stay with his mother).
awaiting a quick reply

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ajay sethi (Expert) 06 March 2013
yes she can go in for divorce . custody is generally given to mother . father will get visitation rights . welfare of child is paramount consideration

V R SHROFF (Expert) 06 March 2013
custody of 9 yrs son can also be given to father, if he can look after him better.

Raj Kumar Makkad (Expert) 06 March 2013
Generally custody of minor child rests with the mother if she is capable much for the welfare of growing child within her reach. Love and affection is also a good consideration for the courts to provide custody of the child. Your sister may go ahead as desired.

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