divorce and child custody

Nandkishor (Querist) 19 January 2016 This query is : Resolved
Son age-9 yr.
Wife-suffering from psycological problem. If divorced, then whether husband can get custody of child?

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kavksatyanarayana (Expert) 19 January 2016
if you are interested to continue marriage life, then take your wife to a senior psychiatrist and get her to her normal stage. if you are not interested to continue marriage life, then file a divorce petition in a court of law by approaching a senior counsel.(for custody of your child also)

Devajyoti Barman (Expert) 20 January 2016
There is no automatic divorce to be granted by court on grant of divorce.
To seek custody of the child you have to file separate suit for custody.
If the child continues to stay with you after divorce then you need not file such suit.

Nandkishor (Querist) 20 January 2016
Does age of child play any point ?

Rajendra K Goyal (Expert) 20 January 2016
Court consider the age of child and all other related circumstances / merits of case before giving custody.

Nandkishor (Querist) 20 January 2016
Ok. I was under impression that upto age of 13yrs in any case the child custody will be given to mother only.
Is this true?

Nandkishor (Querist) 22 January 2016
For divorce on grounds of mental illness, what are documents required?

K.S.Srinivas (Expert) 29 January 2016
Since your wife is suffering from psychological problem, the court may grant custody of child to you.

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