How to file divorce on grounds of incompatibility

762 votes

I think you will get easily your child custody as you held that your child is one month old and it is quite natural that a one month child cannot survive without feeding his/her mother's breast milk. For the sake of Child's health you will get your child's custody because its still a breast feeder!

Advocate Pradipta Nath LawRato

863 votes

You will surely get custody of the little child as well as maintenance you need to file the cases and find right lawyer to do the cases fof you. You must file cases immediately for early solutions and remedy

Advocate Aveek Bose LawRato

582 votes

The custody of a Hindu child is governed by the Guardian and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

However, your estranged husband might take the ground that you had neglected or ill-treated the child and so the custody of the child should not be given to you. So you have to prepare yourself to contest your matter diligently. If you need any assistance we can guide you.

Disclaimer: The content of this article is intended to provide a general guide to the subject matter.

Advocate Robert D Rozario LawRato