Custody of 11 year old child as child wants to stay with mother


Hi, My husband and I have agreed to go for divorce on mutual consent grounds. We do not stay together for over 12 yrs now and he has been paying the house EMI's and has stopped paying it from there on. He has agreed to pay and for giving separation, provided he gets the custody of the child who is now 11 yrs old. What happens if the child in the court denies to go with the father and says he wants to stay with mother? Will the decree of divorce be nullified or it goes on? Please suggest as to what would be the result of it then. Thanks.

Answers (2)


255 votes

Decree can not be forced upon the child against his wishes as welfare of the child is the paramount consideration of the court to decide custody of the child. 11 years old child can make a statement in court.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

342 votes

Firstly, if the both of you are filing for a Mutual Consent Divorce and have decided the issue of custody, the Court will not question the child. The child need not be brought in Court.
However, What i understand from the scenario narrated by you is that your husband is in a way cornering you and making you agree for the Divorce, using the EMI. If that is so, please note that there are other options and remedies available to you. You need not give up the custody of your child. This may impact your relationship with the child in the future.
Hope this helps.

Popular Child Custody Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles



"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

dear sir with due to intimate your good self that I from Chandigarh actually my wife is death she have not with me ,but sir i have one son but sir tha…

Read More

Hello All.. I am 21 years old and my girlfriend also 21 years old.. We had sex and used contraception but still she got pregnant.. Now i want to abort…

Read More

I left my child in husband's home as I am working in outstation staying in hostel. Now because of the family problem they are not allowing me see …

Read More

Hi. I am a mother of two kids. In case if any unfortunate event happens to me. Can I put in a paper who would get custody of my kids.…

Read More