Child custody/ separaration
1 week ago
I'm a foreign married to indian (hindu marriage) we have a 4 year old son who has foreign citizenship as I. We live in india me with oci our son has a x visa. but I want to leave my husband and take my son back to our country. Can my husband stop me? Or I'm free to leave with my son
A.Dear Client,
Until and unless a marriage is annulled by a decree of divorce, you cannot claim custody of your 4-year-old child. As per the Hindu Minority and Guardianship Act, if the child is below 5 years old, the custody is naturally given to the mother. 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 divorce petition before the appropriate Court.
Until and unless a marriage is annulled by a decree of divorce, you cannot claim custody of your 4-year-old child. As per the Hindu Minority and Guardianship Act, if the child is below 5 years old, the custody is naturally given to the mother. 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 divorce petition before the appropriate Court.
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A.Dear Client,
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
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