SATYENDRA T (ACCOUNTS EXE) 16 September 2015

Divorce on mutual understanding

Dear Sirs

My wife is hell bent to seperate ways after 4 and 1/2 years of our marriage.We have one 2 and 1/2 year old daughter.However it seems the divorce will be on mutual acceptable terms only.But the real problem is the custody of the child, as none of us is and will be ready to let the custody go to the other.

Is there any legal option with the father to keep the custody of the child.

The marriage lasted till now because I did not wanted to seperate for the sake of our families and the child. But now I can't help.

Pls advise

Satyendra V Thakur

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 September 2015

Regarding the custody of the child, it depends on th wish of the child. Court will make an enquiry of the child regarding with whom she wants to live.

Laxmi Kant Joshi (Advocate ) 16 September 2015

as the child is too small generally court preferes to give child custody to the mother upto the age of 5 years .

advocatepassy@gmail.com 971794 (Advocate) 16 September 2015

Your children will go to the mother unless you can prove that you would be in a better position to provide emotional and financial support to them, which is a daunting task.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 16 September 2015

If you want to file for a mutual divorce, then the terms and conditions of the same should include the agreement over all the aspects of the marriage including the custody of thje child. However you could incorporate a clause in the mutual consent divorce petition that both the parties shall remain bound by whatever decision the concerned court takes regarding the custody of ther child.