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How to get divorce with custody of children


29-May-2023 (In Divorce Law)
I m staying in Mumbai & my wife staying in varanasi from last three year. we have 2 kids, from last 1 year 1 kid was staying with me but now her mother has took her back to varanasi. I need a child custody with divorce so how would i go about this. Child age are like daughter 6.5 yrs & son is 1.5 yrs.
Answers (2)

Answer #1
586 votes
You have to file divorce petition in the court as well as petition for custody of child only daughter because she is more than five years old, the settled principle of law is five years child must live with the mother.
Answer #2
729 votes
Hi,

The gravity of your matter is quite serious. The Indian court generally grant custody of child to mother except in exceptional cases. Before going to court you mediate and you can send legal notice.

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