LawRato

Child custody after ex parte divorce


29-Apr-2024 (In Divorce Law)
If a mother is having minor child of 4 years and child is currently with the mother and she has been granted ex parte divorce decree and it's been more than 6 months, she is not yet married and child custody is not mentioned in the order so how can she apply for full custody with such an order inorder to go abroad without her husband trying to challenge the divorce order.
Answers (5)

Answer #1
515 votes
In most cases, custody of a 4 year old child is given to the mother. The husband not challenging the ex parte order is immaterial in this case. You are free to make an application for the custody of the child on numerous grounds - of which the welfare of the child is also a basis.
Helpful? LawRato LawRato
Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

LawRato Delhi | 100+ Answers
Chat with Advocate Abdullah Akhtar Chat 
Answer #2
702 votes
you need to File an application for the custody of your child, the main purpose of the act is to welfare of the child If you have sufficient income to take care of the child and hisher education and basic needs , the children below 5 years,the custody will be in the hand of the mother.
Helpful? LawRato LawRato
Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

LawRatoDelhi | 200+ Answers
Chat with Advocate Mukesh Kumar Sah Chat 
Answer #3
569 votes
As per section 6(a) of the Hindu Minority and Guardianship Act the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. And if your child is in your custody then you should not apply for the same. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #4
956 votes
u can challenge the divorce decree. youbcan also file the case for yje custody of child if u want to take the custody of child. u have to prove that your wife is taking divorce and custody fraudulently. for further query
Helpful? LawRato LawRato
Advocate Mamta Sarna

Adv. Mamta Sarna

LawRatoDelhi | 25+ Answers
Chat with Advocate Mamta Sarna Chat 
Answer #5
927 votes
You have the option to submit an application under Section 114 in conjunction with Section 151 of the Code of Civil Procedure before the same judge, requesting a review of his judgment. If your luck is good he might add the custody of minor child also in the judgement.
Helpful? LawRato LawRato
Advocate Arinjay Bisht

Adv. Arinjay Bisht

LawRatoDelhi | 100+ Answers
Chat with Advocate Arinjay Bisht Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato