Reading: A young couple, married for six months, faced disagreements and chose to live separately with their families. The wife then formed a relationship with another man and had a son with him. After two and a half years, they filed for a mutual divorce. However, six months later, the wife decided to reunite with her legal husband, bringing her son along. Can the child’s biological father legally claim custody? What legal steps should he take?

A young couple, married for six months, faced disagreements and chose to live separately with their families. The wife then formed a relationship with another man and had a son with him. After two and a half years, they filed for a mutual divorce. However, six months later, the wife decided to reunite with her legal husband, bringing her son along. Can the child’s biological father legally claim custody? What legal steps should he take?

Last updated: August 25, 2025 1:01 pm

Apni Law

2 months ago

Law Forum › Category: Child Custody › A young couple, married for six months, faced disagreements and chose to live separately with their families. The wife then formed a relationship with another man and had a son with him. After two and a half years, they filed for a mutual divorce. However, six months later, the wife decided to reunite with her legal husband, bringing her son along. Can the child’s biological father legally claim custody? What legal steps should he take?

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Apni Law Staff asked 2 months ago

A young couple, married for six months, faced disagreements and chose to live separately with their families. The wife then formed a relationship with another man and had a son with him. After two and a half years, they filed for a mutual divorce. However, six months later, the wife decided to reunite with her legal husband, bringing her son along. Can the child’s biological father legally claim custody? What legal steps should he take?

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Best Answer

Apni Law Staff answered 2 months ago

Under Indian law, the biological father has a strong claim to custody as the child was born out of wedlock. He can file a custody petition in court, providing evidence of his relationship with the child and the mother’s consent to his involvement. He should also argue that the child’s best interests are served by residing with him, considering the existing bond and his ability to provide care.