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Atin Roy.... (Service)     14 July 2018

Custody of child if mother is also a Govt employee

FYI, me and my wife, We both are government employees in different PSU as a same level of designated and posted in Kolkata. Now my parents live at a distance from Kolkata to 75 km and we live in Kolkata on rent near to my mother in law. So we have to keep our child (1 yr 7 months old) during 5 working days with my mother in law. Now I am going to acquire a flat within this year of 2018 and want to live there with all family members with my parents. My wife went once to my parents home in last 2 years and in future she may never visit there. My wife may not interested to take any responsibility for my parents. Though my wife earns like me, I never took a rupee from her for any common expense or as dowry or any personal exp.
Now our relation is going to make divorce.
Being a father and for my parents its very painful for not having touch with my daughter.

In this above situation, please advice me, what I have to do? Or if divorce got happen, whether I am eligible to get custody of my child as my wife is also a working lady and my parents have enough time for being Senior citizen?



 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     14 July 2018

Prime principal for granting Custody of child is welfare of child. Out of both the parents who can give better future to child will be given Custody.


1 Like

Kumar Doab (FIN)     15 July 2018

Welfare of child is of paramount concern.

At such tender age court may prefer mother’s care/custody

Until or unless you are able to convince the court that mother is unfit and father is fit to take care of child.

If possible crease all differences and save the marriage. Take help of elders, mediators from both sides.

If all efforts have failed then prefer MCD.

Kumar Doab (FIN)     15 July 2018

Get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt to help you to draw MoU for MCD and pursue and or contested divorce and custody of child matter..


Check for such counsel at LOCAL family/civil courts, HC, SC.

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