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Who will get custody of my 10 year old son after divorce from spouse


12-Sep-2023 (In Family Law)
Sir, Please elaborate after separation or divorce if my son is 10 years old whose custody will he go.
Answers (3)

Answer #1
761 votes
Child custody matters in India are governed by the Guardians and Wards Act 1890 (GAWA), which is applicable to people of all religions in India. Under these Acts, generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother. However, courts also consider specific personal laws while giving their judgements
Answer #2
515 votes
Its depend upon nature and circumstances of the case. At the time of deciding custody , court has to look various circumstances as also status divorced couple. Therefore, without perusing the document , it is not proper to give just and proper opinion. It is advised, to meet or provide relevant documents for just and proper opinion.
Answer #3
721 votes
You can file a case for custody of your child in the respective family Court. There is no hard and fast rule in this issue. The Court will consider upon the relevant factor i.e. for the welfare of the child and ultimately, it will be the Court which will decide the custody of the child.

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