help_divorce (SC) 04 March 2011

Child Custody

Hi,

My estranged wife has filed for divorce under 13(ia) and I have filed for RCR. We have a 2 year old son who is currently with my estranged wife. The court has currently allowed me to take him home once a week for 2 hours.

I have a strong bonding with my son and he is very happy to stay with me. My son always cries when he leaves me. In case my estranged wife is granted divorce, will she get permanent custody of my son? Does court grant joint custody? Under what conditions can court grant custody of the chid to the father?

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1 Replies

Tajobsindia (Senior Partner ) 04 March 2011

@ Author

Just in short whosoever passes the test as laid in S. 17 of Guardianships and Wards Act will get custody of child is the possible outcome in all custody cases here in India and this is what is sufficient answer for your brief from me.

However, "joint / shared custody" has innumerable benefits and is a acceptable norm in Courts of Law abroad but Hon'ble Indian judiciary is slowly waking up to its benefit if properly plead keeping all three persons involved interest in neutrality in mind.

For child at such tender age, it is natural to cry and suggest to fulfill your duties as father without aggravating the current visitation equations graciously agrred by this lady and the ipsofacto lady may join you in due course keeping child best interest in view who knows!

All the best.