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)


267 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.


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242 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.

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