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Child custody under mutual consent divorce


28-Sep-2023 (In Divorce Law)
Can child custody of 3.5 years male child be given to father if the wife is agree to give her son after mutual consent divorce? Another doubt is can the petition under 13b for mutual consent divorce be silent on child custody for decision after divorce or the issue of child custody must be mentioned in the petition?
Answers (3)

Answer #1
933 votes
Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. And divorce is between husband and wife not applicable for child. so in this section judgement on child is silent. But you can keep child custody as well as you can appeal separately under section 9.
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Advocate Arka Banerjee

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Answer #2
604 votes
dear client as per your query since you both partners are ready for mutual divorce if you wish then mutually can put the point of custody of the child and you also need to file for custody of the child in court if you need the custody
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #3
658 votes
if it's a mutual consent divorce and the parties chooses not to include the custody issue in the terms of agreement then it would imply the parties have decided to let the law decide the issue if disagreement arises which is absolutely permissible in law. regards, Tanmoy Chattopadhyay, M.Sc (Net qualified), LL.B (University of Delhi), Advocate, High Court, Calcutta.
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Advocate Tanmoy Chattopadhyay

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