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How do I get custody of my son after divorce?
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.
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Domestic violence
Lathika Memom asks,
I am a victim of domestic violence since 2 1/2 years. Five months back, my husband hit me and broke my limb, and I had to get a rod inserted as part of the treatment. I want to know what police case I could file, and whether I can apply for a divorce from my maternal home or from Mumbai, where I currently reside? Please help.
Dear Lathika Memom,
Yes, you can definitely file a complaint against your husband for domestic violence. You can also apply for a divorce from the place you are currently residing. As stated, you may file for a divorce on the grounds of physical and mental torture caused to you, at the appropriate family court, where your marriage had taken place or where either of you reside. Hope this shall suffice your query in brief.
Is a US divorce recognised in India?
Vikas Bhalla asks,
We got married in India and obtained divorce by mutual agreement and no conditions in the US. I want to know whether the divorce is valid in India. Do I need to inform the Indian court where registration was done in India? Is there anything I need to do before I can legally marry again?
Dear Vikas Bhalla,
From your information stated, it is presumed that you are an Indian national. Since you got married in India and the marriage is registered there, you will be governed by Indian legislation. You have also not mentioned the name of the state in US and the appropriate forum that passed the said order. Since the orders have already been obtained from the consent outside India, one will have to check its validity and enforceability in India. The said order will have to be tested before the appropriate forum in India for its final applicability. You may consult an expert divorce lawyer advising on private International laws for further compliances. Hope this should suffice your query in brief.
Son's custody
Bobby Thomas asks,
I am a divorcee and my ex-wife has custody of our 6 years old child. I work in the US and I am financially more stable, as compared to my wife. My wife stays away from her house and comes only on weekends. My son stays with her parents. I recently got to know that she is getting married again. My son wants to stay with my parents and me. When can I get custody of my son? Do I have to wait till he completes a certain age? Under what law are such custody issues covered?
Dear Bobby Thomas,
You can definitely invoke legal processes for seeking custody of your child before the appropriate forum at the jurisdiction where your wife resides. The welfare of the children is of principal consideration taken by the court in granting custody of the children. In brief, the court shall consider multiple factors and shall then grant the custody of the child depending upon circumstances and situations. You could further consult an expert lawyer who may advice you on further compliances and legalities for seeking appropriate orders. Hope this should suffice your query in brief.
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