How to get child custody when wife is not financially sound

16-Jul-2023 (In Child Custody Law)
I am a working professional. I have a decent job at a mnc in banglore. I have a small kid of 3 yrs. My wife is part time freelance bhajan singer. My child is at my mother in laws place. I want a separation from my wife. What are the chances that i will get custody of my son. Please note that my in laws are not financially well to do. They are dependent on my wife's income(which is part time freelance bhajan singer). Please note that my father in law is a drug addict as well. I am a hindu by birth also my wife. What are the chances of getting child custody?
Answers (2)

Answer #1
514 votes
Hi...If u want get divorce then you have to file divorce case against your wife and for child custody you have to file child custody application before the concerned court by stating the inability of your wife .

Thank you

Answer #2
854 votes
The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act provides that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother . However this varies from case to case. The most important principle with respect to custody enunciated by the Supreme Court in recent times is that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute’
Based on the above , you have a good chance of getting custody of your son on the ground that it is detrimental for him to stay with his grandparents as the grandfather is a drug addict -for which you have to furnish relevant evidence. Proceeding merely on the ground that you want custody of your son because your wife is not earning enough is not sufficient.

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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