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Divorce not required or required ?


21-Dec-2023 (In Divorce Law)
My friend is separated from her husband. They have a kid. The husband went over seas and now is not willing to come back. The girl is not wishing to marry anyone in future and wants to take care of the kid. They have jointly invested in a property 50-50. The husband is putting negotiation on the kid's custody based that if she marries someone then he will seek custody of the child. My opinion to her is that if she is absolutely clear about no marriage in future life, then no need to get into arbitration. She works and earns good, so she can continue her life, the joint property whenever the husband wants to claim it, let him come. Please suggest if child is at risk.
Answers (2)

Answer #1
834 votes
Mam
By if Child is at risk? you are asking about custody? How okd is the child ? how long has the husband been posted overseas? If there is a fight on custody of child, the welfare of the child is paramount to the Court. The Court generally allows the parent who curretly has custody to retain custody so as not to displace the child.
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Answer #2
575 votes
If you are talking about the custody of the child, then lots of factors come into play. Age, gender and other important things relating to the child play decisive role and also the status of parents. Ultimately the welfare of the child is of paramount importance, while considering child custody.
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