Divorce case-child protection

AKULA RAJASEKHAR (Querist) 06 November 2012 This query is : Resolved
Dear Sir/Madam,

Recently my wife lodged complaint 498A against me.,recently we blessed with baby girl.,if we suppose to take divorce what about my child.,i head some where upto 5yrs child could with Mothers protection only.,is it true.,plz let me no?

Regards,

Rajasekhar

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Arun Kumar Bhagat (Expert) 06 November 2012
It is true i.e. upto seven years unless the situation warrants otherwise viz. wife leading a life of loose morale, no earning, incapacity etc. etc.

Raj Kumar Makkad (Expert) 06 November 2012
There is no age limit up to which the custody of the child may be given to mother. The welfare of child is paramount consideration for the court. You are thinking far away from reality. Your child requires care and protection through her mother at this early srage so dont be so aggressive.