Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 19 Nov 2019

Generally, the custody of the child below five years is given to the mother of the child. However, in this case, you can seek sole custody of the child if you can prove that one parent has proven to be an abusive and unfit parent and the other parent will be granted custody.Read More

Posted on 15 Nov 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 15 Nov 2019

There is no specified time in such cases. It depends on many factors, the chief being how busy the court is where the custody battle is fought and the other being on what grounds custody is sought. In cases where the child is less than five years of age, the custody is generally given to the mother of the child. Herein, the child is only 1 year old so there is a huge probability that the custody of the child will remain with the mother. You can further read about child custody process here: Child Custody After Divorce In IndiaRead More

Posted on 13 Nov 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 01 Nov 2019

Even if he filed a case against you for child custody, you can represent your side of the case through a learned family law advocate. He/she will help you to take the case in your matter. And in actuality, child custody goes to mother only in majority case, you just need to advocate to represent you for the same.Read More

Posted on 24 Oct 2019 | 2 Answers

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 19 Oct 2019

Child custody might be dealt with at the time of matter was going on. There is an age limit bar that is 5 years, where the court will decide with the consent of the child where he or she wants to live in the future. You can hire a child custody lawyer to claim your child's custody.Read More

Posted on 11 Oct 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 12 Oct 2019

As per the order if it interprets including your parents then the OP has the right to meet the child. She can file the complaint but it does not have any legal action with mutual consent you can meet for 1 hour where you want to meet. The judgment of Mumbai: I am directed to state that the Hon’ble Guardian, Judges of the Family Courts in the State of Maharashtra, have been pleased to approve the Parenting Plan as a base document to be modified as per the facts and circumstances of the case. I am directed to inform you that the Hon’ble Guardian Judges of the Family Courts in the State of Maharashtra, have been pleased to direct the circulation of the Guidelines amongst the Family Court Judges and the Marriage Counsellors in the Family Courts across the State of Maharashtra. I convey my gratitude for your kind gesture in preparing detail guidelines which may prove beneficial to the Judges of the Family Courts as well as the Marriage Counsellors in determining Child access and custody matters. I am directed to state that the Hon’ble the Chief Justice is pleased to direct circulation of the Child Access and Custody Guidelines among all the Hon’ble Judges of the Bombay High Court. Madhya Pradesh High Court: It has status as a guidance document. I am directed to state that the Hon’ble the Chief Justice is pleased to direct circulation of the ‘Child Access and Custody Guidelines’ and ‘Parenting Plan’ for guidance amoung all the Additional District Judges, Family Court Judges and Marriage Councellors in the State of Madhya Pradesh Himachal Pradesh High Court: Status as enforceable recommendations I am to inform you that Hon’ble High Court of Himachal Pradesh has approved the Parenting Plan with Child Access and Custody Guidelines. Accordingly, communication has been sent to all the District and Sessions Judges with respect to enforcing these recommendations in their respective Divisions. Since three high courts of the country have approved these guidelines, and along with pending recommendations of the Law Commission on shared parenting and joint custody, it is quite likely that within few years, these guidelines can become a standard in all family courts of the country for making decisions about child custody and visitation. Read More

Posted on 03 Oct 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 09 Oct 2019

A father may acknowledge paternity by signing the child's birth certificate or by acknowledging paternity during a paternity proceeding in court. Father's relationship with the child: A judge will inquire into the parent's relationship with the child, prior to awarding full custody rights.Read More

Posted on 20 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 11 Sep 2019

You cannot take your kids without your ex-husband's permission if they are minors (less than 18 years) and if you don't have the custody. If you have the custody or if they are major then you can take them with you. Read More

Posted on 06 Sep 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 28 Aug 2019

Indian law recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. for the aggrieved party to use as a ground for a contested divorce. The spouse has to file the case in the Court of appropriate jurisdiction prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and contested divorce decree will be drawn up accordingly. Similarly, the petitions for alimony and child custody can be filed against the spouse with the help of divorce lawyers in India. As per section 494 of the Indian Penal Code, Bigamy is an offence. According to the law whoever in the lifetime of existing husband/wife marries someone else, such marriage by reason of its taking place during the lifetime of such husband or wife, should be considered void and should be punished for such offence. The punishment includes imprisonment which may extend to seven years and fine too.Read More

Posted on 21 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 25 Aug 2019

Child custody is given by the judge of the court, and the spouse does not have the right to deny custody. If the court has given you the custody, the husband can't take the custody until he challenges the custody of your son and if courts find you incapable in that situation, only then you will lose the custody. However, when the child is 6 years old, the mother is given the first presence.Read More

Posted on 14 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 23 Aug 2019

You can seek a contested divorce from your husband on the grounds of Cruelty under section Section 13 of the Hindu Marriage Act 1955 and ask for maintenance as you have a kid under section 24 and Section 20 Domestic Violence Act which stipulates payment of monetary relief to wife for meeting the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earnings, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. You can consult a divorce lawyer to file a divorce and maintenance petition against your husband.Read More

Posted on 22 Aug 2019 | 1 Answer