incase the father wants custody how can he prove mother to be unfit

883 votes

Hi
You can file divorce petition before family court.
Custody of the child is a matter of contesting wherein the welfare of the child is upheld rather than the rights of the parents.
You can offer one time settlement for maintenance.
Contact for detailed advice.

Advocate Rohit Shaligram LawRato

739 votes

Dear client u can file divorce case on the ground of cruelty against wife. U can also file case of custody in court. U need to show court that living child with yr wife is mot good for his proper upbrning. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

538 votes

Respected Sir, getting a divorce and custody are two different things you can definitely get a divorce on the grounds which you have stated in your question but to get custody you can prove her unfit by two methods financially or mentally but custody of a 7 year old will most probably given to the mother if you can prove neither of the above. As the age of the child is very small please consult your local lawyer

Advocate Vikram Vishwas Kulkarni LawRato

683 votes

Hello Sir,

The only remedy to you is that you make a One time Settlement with her by offering her a One time settlement money amount and file for a Divorce Petition by mutual consent with the condition of the Custody of the Boy.

If your wife does not agree, then you can independently file a Divorce Petition in the Family Court on the same grounds mentioned by you and also by seeking custody of the Child before the Family court as he is already above 7 years of age but also keep in mind that the Court will also consider the choice of the boy of residing with you or your wife.

Advocate Kamran Shaikh LawRato