Can mother get custody of a child if she is living with some other man

Husband of one of my friend is will to give divorce to her as she has affair with some other person they have 2 kids one is 10 years and other is 18 months, she is not working about she doesn't want to give him the small child but her husband is saying he will keep both the children. How likely is that she can keep the small child. If there is any case in court. And if she start living with the other person. Will it help her case or will go against her?

Answers (1)

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The Hindu Marriage Act and the Hindu minority and guardianship act provides for mothers and the first and foremost natural guardian of a child specially if they are under the age of 5 years. So she can keep the custody of the smaller child.

However, the Court shall take a number of factors into consideration before granting you child custody if you choose to stay with the other person, e.g, detailed facts, stability and financial condition of the mother, adverse effects on the child owing to such arrangement of stay and in absence of real father etc. 

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