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Rupa Subramanian   24 May 2018

Male child custody

Hi all,
Need your expert opinion about the query I have in mind. I have been separated from my husband from April 2013 and we got legally divorced in January 2016. My son (currently 6 years old) has been living with me since 2013 and I have been taking care of all his needs since 2013. I am currently working in a IT company in Bangalore and dont have any financial troubles. My parents are there with me to take care of my son when I am at work. 

My Query is - How do I apply for Sole Custody of my son and would I be able to gain sole custody without any issues or would there be any issues as it is a male child custody I would be fighting.
Regards,
Rupa



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 16 Replies

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Siddharth Srivastava (Advocate)     24 May 2018

It is to be seen as to whether there was any understanding relating to custody of child between you and your husband? If there is any understanding then party shall go with understanding. As per law after 5 years father is the natural gguardian. Consult with details

Rupa Subramanian   24 May 2018

During the initial proceedings, there had been a verbal agreement that son will be with me only and he wont claim custody atall. However as I dont have it in written, and as my ex hubby listens to his brother, there are chances that he would deny it. However he has never made any attempt to see our son in the last 5 years and neither he has taken any interest in the child's upbringing. Would this be considered and will the child be asked about his opinion.

mission   24 May 2018

Father has right to have visit to child. Custody is based on facts.

Kumar Doab (FIN)     24 May 2018

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Kumar Doab (FIN)     24 May 2018

The courts are considerate for welfare of the child.

Both parties can put forward their versions with irrefutable evidences.

The last post by you points to your version and IT may weigh towards you and convince the presiding officer.

The courts may even ask the child also.

Rest discuss in person with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and having successful track record ….. and worth his/her salt …for a considered opinion.

 

Kumar Doab (FIN)     24 May 2018

You may go thru similar queries by searching in SEARCH option in threads and articles e.g; article under my profile and pick up relevant points:

Every child has a fundamental right to get the love and affection from both the parents engaged in a marital discord

Smita Bansal   11 June 2018

Does anyone know what about Child custody when it comes to Islam. Do they have separate rules? I heard like that when a women ready for second marriage, her daughter is not magram to the second husbnad. Is it true? Can someone explain clearly about Islamic sharia?


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