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Wife filed false case and asking for divorce and child custody
10-Feb-2023 (In Child Custody Law)
Wife left matrimonial home with the child without consent. She filed false allegations and asking divorce, money and child custody. Who will get custody of the child when the judge comes to know that they are false allegations. Kindly please respond.
The allegations related to crimal case trial by magistrate and other allegations for seeking divorce not so important.. Alimony and maintenance are gift by the court according to provisions and law laid down for protection for female from domestic violence... Child within 7 years naturally child under the custody of mother after that consent of child necessary merit to decide the custody of the child
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Adv. Kumara B
Bangalore | 25+ Answers
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Hello
First you need to file objections to the divorce petition and in that objection you have to specifically deny the allegations which are falsely stated and then add your part of contentions in order to contest the case .
About the custody of child , it depends upon the merit of the case
Paramount consideration here is welfare of the child !
Therefore the judge would decide the case solely on the merits of the case for which u need to file objections ..
First you need to file objections to the divorce petition and in that objection you have to specifically deny the allegations which are falsely stated and then add your part of contentions in order to contest the case .
About the custody of child , it depends upon the merit of the case
Paramount consideration here is welfare of the child !
Therefore the judge would decide the case solely on the merits of the case for which u need to file objections ..
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Adv. Shweta Kulkarni
Belgaum | 25+ Answers
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If she deserted you without any reason. You can file restitution case and get a court order asking your wife to join back you company. With regard to the Divorce case. You will have to file objections and contest the case and only then could the Judge make out on the merits of the case as to who is at fault. This will also help in child custody case as the custody of the child will always depend on the welfare of the child. It is the paramount consideration while deciding who should have the custody of the child.
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Adv. B Nitin
Belgaum | 25+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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