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B Swaminathan (xyz)     20 July 2012

Divorce and child custody

Please help me with correct pathas i am completely in a misery

 

1. Marriage is registered in chennai - can the divrce case be filed by spouse anywhere and in such case do i need to travel for hearings each time as I reside in chennai.

 

2. My daughter is 2 years old - What rights do i have on my child or i simply end up without my child as i understand in such cases child custody goes to mother.

 

regards

 

swami



 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 July 2012

A wife can file for divorce where she is residing on the date of presentation of the petition though the marriage is registered in Channai. But you do not have to attend all the dates, your lawyer's presence is sufficient. You will have to remain present during councelling sessions and during your cross-examination. 

As your daughter is 2 years old, the custody will naturally remain with the mother considering her age, but you can claim visitation rights. File for visitation rights.


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