My friend wants to go for a mutual divorce, but his wife is not ready to give their 1-year-old son’s custody to my friend. She has a boyfriend, and my friend does not want her to let the child stay with them. What can my friend do to get the child’s custody without being forced into a contested divorce?
Dear Sir, Permanent Child Custody case to be filed by the father of the child alleging the mother of the child in adultery and it must be established. Court always encourage the child is given to the father if mother is in adultery.
Dear Client. As per sec 6(a) of Hindu minority and guardianship act, If the child is below the age of 5 years, the custody will naturally go to the mother ,However, If the father can demonstrate that the mother’s background is tainted and that keeping the child with the mother will be detrimental to the child’s upbringing or will have an adverse effect on his mental and physical development and the court feels it suitable then the father can claim the custody of the child. Hope this answers your query, Thankyou,
Mutual divorce, contested divorce and child custody case are all three different aspects as per law. As per the laws, the wife will anyways have child's custody for a period of 7 years. After that, if your friend's financial condition is well, then he can apply for child custody after the child turns up 7 years and above. If you are able to prove to the court that you can bring up the child in a better way, then the court can grant you the custody of the child after he turns 7 years. Otherwise you will have to show that she is not earning a livelihood even on current basis and if you want child custody immediately, we can help you regarding the same.
