Before The Court

Whether I can take a divorce and get the custody of my son?

I am a living separately from my husband for the past two years. My husband has forcibly taken over seven-year-old son with him. The husband is a drunkard and cannot take care of our son. Whether I can get a divorce and what is the procedure to get the custody of son?
asked Oct 8 in Personal Law by Arpita Tripathi
recategorized Oct 13 by Arpita Tripathi

1 Answer

0 votes

You can file for a petition of divorce on the ground of irretrievable breakdown of marriage or you can go for the ground of desertion given under section 13(1) (ib) of the Act in that case you have to prove that your husband has deserted you continuously for the period of not less than 2 years. You can file a petition for custody simultaneously and the court will declare the guardian of the child while taking into account best interest of the child as welfare of the minor is the paramount consideration. Custody of daughter will generally go to the mother.

Parmindar LAl Sarin v. Suman Lata, AIR 1984 HP 1.

answered Oct 13 by Arpita Tripathi