Reason to deny child custody.father n inlaws are careless

Question

Reason to deny child custody.father n inlaws are careless

31-Jul-2025 (In Divorce Law)

Mother n son separated from father for 2 yrs. Reason being harassment n dowry demand. Not looking after son. Meanwhile father made no efforts to meet his son. 125crpc is filed n Divorce is not filed yet. If mutual or contested divorce is filed, Can father ask for child custody instead of giving the maintenance for the kid. Kids education n everything r looked after by maternal parents. How can mother get the complete custody as per hindu law?

Answers (3)

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2025-07-31T19:48:49+05:30

Answer #1

Any advocate can get you full custody of child if the child is belove 7 years age, even if you are not financially capable to meet his expenses. Beyond that depends on welfare of child. Father need not get child custody in place of maintenance liability.

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Adv. S.K Prabhakar Shetty Adv. S.K Prabhakar Shetty

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Advocate Dhruv. K LawRato · Accepted Answer · 2025-07-31T19:52:51+05:30

Answer #2

if the child is below 5 years then mother can get the whole custody of child subject to the condition that she is having capacity to take care by the child which should be proved in honourable court . Divorce has no direct effect on child custody

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2025-08-04T10:58:20+05:30

Answer #3

Dear Madam, Till Five years the mother can get the custody of the child and even thereafter the permanent custody can be given to the mother since the conduct of the father is hostile against the interest of minor child. You can claim maintenance for yourself and for your child and thus he may go for Divorce.

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Adv. Kishan Dutt Kalaskar Adv. Kishan Dutt Kalaskar

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