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Child custody- 3 yr old son- adultry
09-Aug-2023 (In Divorce Law)
My cousin sister and her husband had a fight when he came to know that she had an extra marital affair. Her husband got 3-4 whtsapp photos of hers. He made her to out of the house at night in mid july 2021 and took 3 yrs old son with him. They got married in year 2016.
I had a word with my sister. She said that her husband n his family was giving mental and physical torture to her since 5 years. She also said that due to mental stress and daily fight lead to her miscarriage 4 yrs back.
She confirmed that due to all these stuffs she came in contact with her boy friend and use to feel relax from all these pain. She said that now she is not in touch with her boyfriend past 2 months.
Her only wish to have her 3 yr old son. Can she get the child custody? She is working
Yes, she can claim the custody of her child. It is important to know that as per law, mother is considered to be the natural guardian of the child to the age of 5 years and therefore the child must remain in custody of the mother. Also extra marital affair will not attract any criminal obligation against her but the husband will definitely have some civil remedies in his favour.
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Adv. Naman Gupta
Delhi | 200+ Answers
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Custody of a child refers to the right given to a parent by the court to look after the child (if the child is less than 18 years of age). ... The family courts while debating on the issue of custody, base their decision on the best interests of the child in question.
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Adv. Anupam Kumar Mishra
Delhi | 200+ Answers
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hello client as i can see ur issue is really serious. aa you have sais here tht 3 year child she is having which ia been kept forcebly by her husband . yes her child can be asked back from the custody of the father . it can be done tgeough court directly from high court .
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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