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Filed divorce from wife and want child custody what to do
10-Jul-2023 (In Child Custody Law)
I am muslim my wife has affair with another caste person.I have applied for Divorce under Adultery.Divorce nor ywr finalised,My wife has taken two children.Sir I have a doubt as per natural guardian may I have full rights to join my child in Boarding school.My child age is 7, years.My wife mothers environment is not good One brother is local rowdy, another one with in one month he got divorce with wife.Shall I join my child in Boarding school,what is the procedure?
What your wife has done comes under the ambit of Adultery, which during the subsistence of a marriage is a ground for getting a Divorce decree. Further, adultery by the spouse itself also amounts to cruelty and cruelty is also a ground for getting a Divorce under the Hindu Marriage Act 1955.
Remember it is always advisable to implead the adulterer along with the spouse to contest the divorce case as it will provide social and moral pressure on the spouse to come to terms to give divorce decree.
In respect of the custody case, your elder daughter has crossed the age of 5 years and at that age generally children have developed cognitive traits, wherein the court will elicit from the child about her choice that with whom she would like to stay. The children's interest will be the paramount consideration before the court for giving custody to the one parent against the other parent. Also, the non-custodial parent will definitely get visitation rights.
It may please be noted that for getting permanent custody of the children, the interested parent has to file a custody case, and contest it on various grounds as applicable. You may contest the same stating the impact your children can have due to the wayward behavior of your wife, and once the court is convinced that giving your wife the custody of your daughters would not be in the best interest and welfare of the children, you may be granted their custody accordingly.
Remember it is always advisable to implead the adulterer along with the spouse to contest the divorce case as it will provide social and moral pressure on the spouse to come to terms to give divorce decree.
In respect of the custody case, your elder daughter has crossed the age of 5 years and at that age generally children have developed cognitive traits, wherein the court will elicit from the child about her choice that with whom she would like to stay. The children's interest will be the paramount consideration before the court for giving custody to the one parent against the other parent. Also, the non-custodial parent will definitely get visitation rights.
It may please be noted that for getting permanent custody of the children, the interested parent has to file a custody case, and contest it on various grounds as applicable. You may contest the same stating the impact your children can have due to the wayward behavior of your wife, and once the court is convinced that giving your wife the custody of your daughters would not be in the best interest and welfare of the children, you may be granted their custody accordingly.
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear Client,
Yes, you can file a petition for custody of your child. Engage an advocate for filing a petition to get custody of your child. You must project all facts about her affair and other environment in which the child will be brought, if the child is left with her and the environment in which the child will be brought up if the child were given to your custody.
Yes, you can file a petition for custody of your child. Engage an advocate for filing a petition to get custody of your child. You must project all facts about her affair and other environment in which the child will be brought, if the child is left with her and the environment in which the child will be brought up if the child were given to your custody.
Helpful?
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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