Mutual DV and child custody
3 weeks ago
Can we get mutual divorce and after 2 months can I apply a fresh petition for child custody. If yes, under what section
A.Dear Client,
According to the Hindu Marriage Act, either spouse can file for divorce with mutual consent after one year of marriage and one year of separation. Contested divorces don't require a year of separation. In custody matters, both parents have equal rights, but if they disagree, the court decides based on the child's welfare. Hindu couples can petition for custody under the Hindu Marriage Act or the Guardian & Ward Act. Typically, custody goes to the mother for children under 5 unless the court deems her unfit, then custody may go to the father or another guardian.
According to the Hindu Marriage Act, either spouse can file for divorce with mutual consent after one year of marriage and one year of separation. Contested divorces don't require a year of separation. In custody matters, both parents have equal rights, but if they disagree, the court decides based on the child's welfare. Hindu couples can petition for custody under the Hindu Marriage Act or the Guardian & Ward Act. Typically, custody goes to the mother for children under 5 unless the court deems her unfit, then custody may go to the father or another guardian.
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A.Dear Client,
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act states that no one is allowed to file for divorce within one year of their marriage. The husband and wife must have been residing separately for at least the past 1 year. In case of a contested divorce, a mandatory 1 year period of separation is not required. In the case of a minor child, both parents have equal rights over the child's custody of the child with mutual understanding. Hindu couples can file a petition seeking the custody or guardianship of the child under Section 26 of the Hindu Marriage Act, 1955; or. Section 7 of Guardian & Ward Act, 1890. However, if there is a lack of mutual understanding, then family courts generally decide who will get custody of the child. The two main factors that the courts look at are The welfare of the child and which parent will be able to take care of the child better. According to the Hindu Minority and Guardianship Act, the custody of the child usually goes to the mother, if the child is below 5 years of age. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act.
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act states that no one is allowed to file for divorce within one year of their marriage. The husband and wife must have been residing separately for at least the past 1 year. In case of a contested divorce, a mandatory 1 year period of separation is not required. In the case of a minor child, both parents have equal rights over the child's custody of the child with mutual understanding. Hindu couples can file a petition seeking the custody or guardianship of the child under Section 26 of the Hindu Marriage Act, 1955; or. Section 7 of Guardian & Ward Act, 1890. However, if there is a lack of mutual understanding, then family courts generally decide who will get custody of the child. The two main factors that the courts look at are The welfare of the child and which parent will be able to take care of the child better. According to the Hindu Minority and Guardianship Act, the custody of the child usually goes to the mother, if the child is below 5 years of age. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act.
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