• Custody and maintenance

After talking mutual divorce from first husband, now i am married with a man legally. My 6 years old son is with my first husband where he is ill-treated because first husband also got married. Can I get custody and maintenance of my minor son?
Asked 4 years ago in Family Law from Suri, West Bengal
Religion: Hindu
Hi, what is the order for child custody in your divorce for mutual consent, if there is no specific order, you can approach the court for child custody.
Pradeep Bharathipura
Advocate, Bangalore
4453 Answers
200 Consultations

4.3 on 5.0

. you have not mentioned whether court had passed order granting custody of minro son to your husband . what were the clauses of consent terms relating to custody of child . if child is being ill treated you can request your ex husband to grant you custody . if he refuses try your luck in court
Ajay Sethi
Advocate, Mumbai
41385 Answers
2368 Consultations

5.0 on 5.0

Minor child are committed to the custody of mother,a father who is proven to neglect the child is not handed with the child custody. However there is no hard and fast rule and the paramount factor in decision is welfare of the child.  You can file a suit under Wards and Guardian Act in District or Family Court.
Minansu Bhadra
Advocate, Kolkata
384 Answers
26 Consultations

4.9 on 5.0

Court is mainly interested in welfare of child,if you can prove it you can get it.as far as your husband is concerned if he is not treating him well he might me interested in giving  custody to you that you can explore other wise file a case in the court.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

You may get the custody of the Minor child from your ex husband. If in your mutual divorce order the custody of the son has been granted to his father, the same can be challenged by way of a review petition which though may be belated in your case however reasonable cause could be shown. The Paramount consideration in deciding the matter related to the custody of the child is his welfare. If the court feels that the child's welfare is being hampered then the order of custody can be changed. Before proceeding to file a suit under the Guardian and Wards Act, please make sure that your son wants to live with you because of the ill treatment being meted out by the father.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
829 Answers
60 Consultations

5.0 on 5.0

Did the court pass in its judgment any direction respecting the custody of your child to be entrusted to the father? If such a direction was incorporated in the judgment then it will be difficult for you to impeach the judgment and divest your ex-husband from the custody of your 6 year old son inasmuch as you will be required to challenge the judgment itself, coupled with the proof of ill-treatment of your son by your ex-husband. 

If, however, such a direction did not form a part of the judgment of divorce then there is every likelihood that you may get the custody of your child having regard to his welfare.
Ashish Davessar
Advocate, Jaipur
22896 Answers
617 Consultations

5.0 on 5.0

Main criteria for minor's custody is his/her welfare.  If you can show/prove  cruelty to the minor in husband's custody and better welfare in your custody, the order can be modified by the same court.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultation

4.7 on 5.0

Dear Querist
being a mother of minor child you have right to file a custody suit before civil court under section 25 of Guardian & wards Act for custody along with an interim application u/s 12 of Guardian & Wards Act.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4622 Answers
210 Consultations

4.9 on 5.0

i fully agree with mr. qureshi
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer