Custody of son...

Yes Rakshika,

FAther is treated as mere sperm donor, ATM machines, who has all duties and no rights -- you can keep your son with you and you will get money for all your lavishness. Courtsey .. Indian Law.

:::::MY UNDERSTANDING OF LAW:::::

Father is the natural guardian as per the language of the code however it has been interpreted by the Supreme Court that father and mother both have equal right on the child. This interpretation in my understanding defeats the basic structure of the Constitution of India. Father or rather say a married male is assigned the role of the head of the family as he is under an obligation to maintain his children, wife and parents. Now when wife has been assigned a role of a dependent then how a dependent take custody of another dependent while the head merely plays a watchman ?

@Rakshika

In your case, the relevant law relating this case is the question of "Natural Guardianship" which has been decided by the Supreme Court in a leading case where father and mother both have been assigned the role equally. As the child is a very young and needs maternal care, it is certain that the court would grant custody to the mother. However under special circumstances, if the father can show that the child can be kept in a safer and better care with him, then as a special case husband can also take the custody. It all depends on detailed facts of your case.

@Prabhakar

I think the custody does not by default stays with a mother when the child nears the age of 5yr. As at this age the child starts to rely its livelihood on natural food other than mother-milk. So it all depends on the circumstances of the case. There is no default law regarding this however there is a law in default against your view.

@Avinash

Your comments are very well acceptable if taken by the literal meaning and keeping the anguish out :-)

//peace

/Saurabh.V