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Sachin Patil   19 October 2016

Divorce

Dear Sir / Madam, One of my sister wants divorce from her husband but his family is demanding for her son (Age:10 years). In this situation what will happen if we will go to court for divorce or what are legal laws for she keep her son with her with divorce? Please suggest me for above matter.


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 7 Replies


(Guest)
Give the kid. It will avoid lot of tension, litigation, roaming to court till kid turns 18, paying alimony to kid. As kid is ten and if wish to reside with father then mother can't do anything. Why trouble child mind? Give off kid. Take divorce. Remarry. Have new kids.

(Guest)
Give the kid. It will avoid lot of tension, litigation, roaming to court till kid turns 18, paying alimony to kid. As kid is ten and if wish to reside with father then mother can't do anything. Why trouble child mind? Give off kid. Take divorce. Remarry. Have new kids.

Sachin (N.A)     19 October 2016

Legally divorce has nothing to do with custody, but her husband can seek visitation rights for child during divorce proceedings.

 

The ideal situation both the parents should mutually agree on joint custody in this both the parents have equal rights and duties and child gets the affection of both.

 

 

Nitish Banka (lawyer)     19 October 2016

there is a seperate process of custody of child and based on facts of the case and divorce unless it is a mutual consent it has nothing to do with the custody.

A walk alone (-)     19 October 2016

If your sister apply divorce it might be possible her husband apply custody . Then court will decide about custody (as her son is of 10 years).

Sachin Patil   20 October 2016

Might be but her husband is Dr. & from last 2 years he is not in normal condition. He is adict of medicines & due to this his mental balance is disturbed.

He sleeps 15 hrs of day & dont wants to work as he always feels sleepy. His son also dont like him now a days die to his ignorance towards his family & all this happned due to he lost his mental balance, but his family want his son with them n my sister also so situation is quite difficult.

What we will do to keep her son?

 

Sachin (N.A)     20 October 2016

Dear Sachin Patil ,

 

You don't worry about custody case, Child presently is aged 10 year and our judicial system is so slow that child will attain the age of maturity befor the court decision. and it is very difficult for a men to win the case of custody. Don't worry !! 

If you want you may file case of divorce.


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