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anononymus (Business)     17 June 2010

custody of child in divorce case

At what age, a minor child, he is permitted to  give his/her option in court proceedings to stay with mother or father after their divorce ?

Can a father claim the custody of minor children aged 4+ & 5+ in  divorce proceedings, if  the mother is suffering from obsessive cumpulsive disorder and/or bipolar disorder  diagnosed by  a psychiatrist of reputed hospital?


 5 Replies

Devajyoti Barman (Advocate)     17 June 2010

After the child acquires reasonable intelligence.

No that ground is not sufficient unless it could be proved that the disorder is likely cause injury to the child.

malaisamy (M.A.,B.L.,)     18 June 2010

A father can seek custody of a male child after completion of 5 years of age if he is a competent person to take care of the child eventhough the mother has no medical disability and he cannot claim the custody of female child at any stage. 

But a mother can claim the custody of a female child whenever she wants. Ther is no limitaiton.


adv. rajeev ( rajoo ) (practicing advocate)     18 June 2010

Upto 7 years custody of the child will be with the mother.  In Karnataka High Court decesion it is clearly stated that mother is better care taker of the child.

kranthi (retainer advocate)     24 June 2010

if the divorce is granted the child under the age of 5years custody given to mother , the child will participate  in court proceeding when he aquries knoledge to understand what is what, the decease u have will effect child it will to the custody of father , if the is father is bad person it was shown to court court can consider and in its dicretion court appoint

Adv Bharat Gupta (NA)     04 May 2011

if the child is under 5 years than the custody will be with mother, else father can move petition to seek the custody of the child.

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