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shyamal   26 November 2016

Custody of child

Sir, My wife has made an allegation of strangulation against me. I was arrested . However, the police & medical report said • No injury report is found in the case diary • The medical papers does not contain any element of strangulation Thus I got bail within 10 days. Now , I have filed a case for custody of my son. My wife has repeatedly written in her statement that the father is not eligible for custody of his son because the father has a criminal background. Since welfare of the child is of paramount importance and there is a breach of moral turpitude on the part of the father, the father cannot be granted custody of his son. The police has not submitted the charge sheet. However, the investigating officer has said that he will retain the charge of strangulation in the charge sheet on the basis of witness. I must confess that I never tried to strangulate my wife. When the witness will be cross examined it will proved. But by that time I will loose my son Under the above circumstances, am I eligible to get custody of my son on this aspect alone. If not what is the remedy? Shyamal

 5 Replies 971794 (Advocate)     26 November 2016

In case of divorce, generally the custody of less than 5 years of age child,  is given to mother.  Your case has not even started and you are worrying about all this.  

Ms.Usha Kapoor (CEO)     27 November 2016

Let the child complete  5years o fage.. After  5years o fcompletion of age you can fight for child custody and  Guardinaship rights. If you are ibetter off  in all respects than his mother such a s better financially amd mor affecion  and  try to be  a friend of the child  and takes welfare of fhe child into consideration the coutrt would grant   you custody and guardianship after  5years,Because Child's welfare is the  paramount consideration of law.. Would you give me profile likes  in exchange for free legfal advice

1 Like

Suri.Sravan Kumar (senior)     27 November 2016

you did not mention the age of your son.

shyamal   27 November 2016


The age of my son is 5 years 9 months old


Suri.Sravan Kumar (senior)     28 November 2016

If u can convince the court with a strong reason you may get order in your favour.

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