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Want to check about my rights if I go for divorce. I have a son
21-Jun-2026 (In Divorce Law)
I am Indian married to Indian, married in India and staying in Philippines. I have a son 10 years old. I want his custody. I want to know my rights. I am working and will be able to work in India also. I don’t want alimony or anything from my husband. I just want to check if possible to separate peacefully and relocate to India with my son. We are hindu
Yes, being Hindus married in India, you can seek divorce and child custody under Indian law. Custody of a 10-year-old child is decided on the principle of the welfare of the child, not merely on parental rights. Your financial independence and willingness to care for the child are factors in your favour.
If both spouses agree, you may opt for a mutual consent divorce and incorporate terms regarding permanent custody, visitation rights, and relocation of the child to India. If your husband contests custody, you may file a petition under the Guardians and Wards Act and the Hindu Minority and Guardianship Act before the competent Family Court. The court may grant you sole custody with visitation rights to the father if it finds such arrangement to be in the child's best interests.
You are not obliged to claim alimony if you are self-sufficient. An amicable settlement with a comprehensive parenting plan would be the most peaceful and legally secure course.
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Adv. Shenoy Das
Adv. Shenoy Das
Delhi | 25+ Answers
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If there is no scope of living together then rather stretching the relationship you should file for a mutual divorce because it is cost effective and can ends up in a month. And as far as the custody of your minor son is concerned for that you have to file for the same in the family court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Based on the facts shared by you, a peaceful separation is possible. Since your son is 10 years old, his welfare and best interests will be the primary consideration in any custody matter. If both parties mutually agree, custody and relocation to India can be settled amicably. However, it is advisable not to relocate the child to India without the father’s consent or appropriate legal arrangements.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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Yes this can be done. The prime consideration by the court is the welfare of the child while deciding the custody of the child. There are also chances that the judge directly asks the wishes of the kid, even though that is not the only deciding factor but can sway the judge. If you can provide for the child, the child is attached to you, has been living with you (the courts also try to maintain status quo), then you do have a chance to the custody of the child. You will have to provide for visitation rights of your husband or depending on your equation you can also file for joint custody.
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Adv. Pragya Dhoundiyal
Adv. Pragya Dhoundiyal
Delhi | 5+ Answers
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Hi there, in short, yes you can claim your child's custody as a right.
Regarding the separation you have toe options,
1. Judicial Separation
2. Divorce
Appropriate way to devise a proper strategy I'll need additional details to get you your desired relief.
Therefore, it's advisable to contact me and provide requisite details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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