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Child Custody Rule before Divorce order
27-Jun-2023 (In Child Custody Law)
Hindu Marriage in India. Lived together for 11 years abroad. Separated after that due to Wife's unstable mental health.Wife in India. Son with father and not willing to see or talk to mother. Divorce petition by husband in India 2 years post separation and restitution of conjugal rights petition by wife in India.Husband with son is living abroad and wife at parents home in India. Case not progressed due to COVID19 situation. How child custody rule/law apply to son who is 13.5 years old? Can court give any custody order before divorce is done? what if court does not give divorce order?Is custody paper required actually?
Yes custody matter is vey urgent so you can file intrime application before court for obtaining of child cousdoy and husband had filed divorced petition on grounds of seperation as well as mental but it's both mattes are different because you want cousdoy of child for his bright future.
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Adv. Bakul S Panchal
Ahmedabad | 200+ Answers
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The divorce proceedings are absolutely independent of the custody proceedings. In order to get the custody of your child you need to show how eligible you are for the custody and how ineligible your wife is for the custody. From whatever stated by you I believe you have a good case and I can assist you further with your child custody petition before the family court. Meet me with all the relevant documents so we can proceed
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Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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