how can my friend get divorce with custody of both children

Hello, I am based in Mysore, Karnataka. and i'm looking to get a friend divorced, and she has 2 Kids i want both of his kids to be in her custody. I really don't want to take risks in losing any one of the kids. And i wanted to know how do we do this, and how can we get married? Please reply back Looking for help Thank you

Answers (3)

155 votes

In the divorce petition you ask for dissolution of marriage performed on such and such date, permanent injunction restraining the person from seeing the child or visiting the child, in the interim application you can seek for custody rights of the children, you can get married only after getting divorce granted by the court.
Pratap, Adv

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151 votes

At first she has to file a petition for custody of her two children before family court if they are below 5 years there s no problem for her to get the custody but if thechildren are morethan 5 years she has to show to the court that she is financially andsocially capable to lookafter the children better than her husband, secondly if she gets divorce, the custody of the children will also be decided simultaniously. You have not furnished information regarding the stage of her divorce and the religion , age of children.
Thanks and regards..

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332 votes

Your question has multiple queries. My understanding is that you want to marry a woman who is married to someone else and has two children. If this is the case, the woman has to first obtain a decree of divorce from her husband, including full custody. If Divorce by Mutual Consent is not possible, it can take a few months/ years to get the Decree of Divorce. Only after she is divorced from her husband can she re-marry.

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

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