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can child custody be a term of condition in mutual consent divorce


30-Mar-2023 (In Child Custody Law)
my sister and her husband have agreed for mutual consent divorce.But her husband is asking for child custody as a part of mutual consent divorce.He left my sister n her 3 months old baby to her paternal home around 5 yrs back. Since then he never came see them even for 4 yrs . since last one year he is touch but not ready to take his wife and son to his home.
Answers (1)

Answer #1
901 votes
Yes. The custody of th child can be one of the grounds in the agreement under mutual divorce/ section 13 of Hindu marriage act. But both of them should agree to the clause you can also mention the visitation rights of the parent who is not getting the custody of the child

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