Apni Law Staff asked 6 months ago
My son had a love marriage in a traditional Mandap ceremony, followed by a legal registration in February 2012. However, eight months later, she started arguing with us, instigated by her mother, and left with my son. She refuses to let us see her or provide any financial support. We are retired and have no regular income. She is now three months pregnant and employed in a state government department. After the delivery, she plans to live with her mother and wants no connection with our family. My son is hesitant to confront her. Can he claim custody of the child after delivery and seek a divorce if she refuses to join us?
Best Answer
Apni Law Staff answered 6 months ago
Under Indian law, your son can file for custody of the child after delivery, considering his legal marriage and the child’s welfare. He can also seek a divorce on grounds of desertion and cruelty, given her refusal to maintain contact and the instigation from her mother. However, the court will consider all factors, including the child’s best interest and the mother’s role in the child’s upbringing, before deciding on custody and divorce.
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