In case of divorce whether father get custody of 3 year old son


I am married for 4.5 yrs and use to stay with my wife and 3 yrs old son in my work place i.e. in North East whereas my parents live in my hometown in West Bengal. Although my parents do not stay with us, still my wife wants to lead a married life with me; keeping aside my parents from our life and let her parents play an active role in our life. This is not acceptable to me. Even she and her parents try to establish that my son is their asset and my parents have no importance in my son’s life. My father and mother is 70 and 65 years old respectively and stay in native place and I am their only child. This is practically impossible for me to keep my parents out of my life. I have no intention to get separate from my wife but the issues she is building up are not acceptable also. I would like to get suggestion on (1) what shall I do now? (2) In worst case, if we get separated, what about child custody? Will I get my son’s custody?

Answers (4)


197 votes

You may proceed before the District Legal Services Authority in the District Town where your presently resides. Submit a details events which your wife was done against your parents and also alleged in the said acts how your in-laws give influence to your wife, as you stated here. The authority will call your wife in DLSA a councelling will held, there you raise a point that, whereas, in your family mater your parents did not allowed similarly your in-laws should not interfare in your personal life. See what result will come.


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343 votes

First of all if you get separated through a decree of divorce then you are required to pay maintenance to your wife.Secondly it's rather impossible for you to get custody of your 3years old son because upto 7years the legal guardian of your son is his mother.You may file for his custody and have to satisfy the Court that if the son's custody is given to his father then it would be for the son's betterment.

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178 votes

Law can't permitted to throw out your parents and demand of your wife is absolutely illegal on that grounds you can get Divorce from your wife and regarding child custody if your wife failed to provide better education /nutrition / medical to your children then you are legally entitled to get your child in your custody

113 votes

It is quite sad that your child has to see all these along with you.
If you file for divorce first there are chances that ur wife might lodged Criminal case against you and your parents just take revenge.
In case you wish to file for Divorce, collect evidence against your wife by recording audio video where in she is fighting with you regarding your parents. If possible set up CCTV cameras on grounds of theft. Lodged FIR/GD in local police station if she threatens you to harm herself or threatening to lodged false complaint against your parents.
For your Son, court will see who can take best care of the child. You will have to pay maintenance for both your wife and son if she is not earning and not educated.
consultant a lawyer and plan it and do it. Or she will move away with the child and you will have to file for custody.

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