Hello,

If you take mutual divorce then the custody will also be decided mutually.

Mutual divorce means that both the parties are mutually deciding upon the custody and all the other conditions.

if you two are not able to decide upon the custody then a separate case for custody will have to be filed. 

Welfare of the child is of paramount importance while deciding the custody. 

Let me know if you need any further assistance. 

Regard 

See if you are going for.mutual divorce then you and your husband can decide the custody and you can ask.for sole custody of the child.

Further in case the custody is contested then seeking age of child court can ask.him and also habitual.residence of the child.

Non earning status of husband enough reason to grant custody in your favor. In custody matters, paramount importance is child welfare.

Wish is child also considerable.

1. The court does not change the staus quo as regards the custody of the child. In other words since the child is with you , the court is not going to deliver his custody to your husband at any circumstances.

2. In divorce suit only visitation of the child becomes an issue if applied for by the husband. Only if a custody suit is filed by his father then only the court would ask for willingness of the child as regards his preference for the parent.

3. However of both of you go for mutual divorce then you can settle the terms as regards his visitation and custody and mention in the petition for the mutual divorce.  

Yes your child choice coupled with his welfare will be the main consideration by court for deciding custody of the child. 

The terms of mutual divorce petition depends n the mutual agreement of the parties .

So on what terms your husband would agree would depend on his consent in which law has nothing to do. 

You and your child entitle to alimony. A jobless husband cannot deny maintenance to wife & Child.

Depends on settlement reach between parties, whether how much cash/property etc.. Don`t agree for MCD just like that.

Yes you can ask for maintenance for yourself and the kid.

mutual consent divorce is best option 

2) you should insist that you would have sole custody of your son 

3) you can see lumpsum amount as alimony from husband 

4) also maintenance for son 

Husband is bound to maintain his son 

court would direct husband to pay for child maintenance 

 Child custody can be decided among the parents before they petition the court for mutual consent divorce. Usually, the courts decide the matter of child custody at the earliest as the welfare of the child is a top priority. All cases of child custody are treated on an individual case-by-case basis. This ensures that the child is not put in the hands of an unfit parent. 

In the case of child custody, there are different kinds of custody that can be awarded by the Indian courts to parents:

1. Physical custody of child – The physical custody of the child means that the child shall live with the parent who is granted the physical custody. The other parent is usually given visitation rights over the weekend. The parent who has the physical custody is usually the primary guardian.

2. Legal custody of child – In legal custody, the parents have the right to make important decisions regarding educational and religious upbringing, financial support and medical care that affect the welfare of the child. This decision making is generally shared among parents and the expenses and maintenance are borne by both the parents.

3. Joint custody of child – Recently, a new concept of joint custody has been evolving which gives both parents equal physical and legal custody. Though there are no legal provisions on shared parenting, the judiciary has been taking steps to bring about joint custody in India. Through this, children of separated parents can get the benefit of having both parents as active members in their life thus doing away with the concept of primary guardianship.The court has the right to appoint a guardian for a minor’s person or property or both under the The Hindu Minority and Guardianship Act, 1956 which exists in harmony with the Guardians and Wards Act, 1890.

The court will consider the age, sex and religion of the minor;

The character and capacity of the proposed guardian and his nearness of kin to the minor; 

If the minor is old enough to form an intelligent preference, the court may consider that preference;

The court shall not appoint or declare any person to be a guardian against his will;The child’s comfort, health, material, intellectual, moral and spiritual welfare will b d major consideration of d court.

Please understand that in mutual consent you can not demand anything and neither will the court adjudicate upon anything. 

You may settle mutually for all the things. 

Regard 

When it will be a mutual consent divorce then terms will be decided by you both parties mutually

Respected mam... 

When you file divorce with mutual consent then it will not upto the judge to decide with whom the child will stay it will decided by you both husband and wife... And yes in the mutual consent divorce you can ask and claim the  anything which you want suitable for you and your child in future prospect... 

Thank you

you can add any clause in mutual consent divorce regarding custody of child, as long as it has been mutually decided. It is definitely valid to have the clause of child custody.

you can insert clauses with regard to maintenance of yourself and of the child and you can seek permanent maintenance or monthly maintenance.. 

Dear Madam,

Yes, you can pray for sole custody of your child giving sufficient reasons to the court and also demand for your maintenance or child maintenance or alimony to your future life.

As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.

The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.

Depending on the situation, the custody of the child is granted in the following ways:

Physical Custody:When one spouse is abusive and not fit for the physical or mental reason to take care of the child, the court gives sole custody to that spouse who is caring towards the child.
The parent with the custodial rights will be designated as the primary caretaker and will be in charge of the child’s emotional, medical and educational needs.
The other parent may be required to take care of the expenses, but will not have any way be a part of the child’s life. Anyhow, the court often is sensitive ins such situation and give visiting right to the other parent.

Generally, child custody is decided among the parents before they petition the court for mutual consent divorce. However, a problem arises when parents cannot come to an agreement on custody of the child after divorce. The courts decide the cases of child custody on the case to case basis and the decision is taken on child’s best interest.

Since the child is under your care and custody, he has to apply for child custody separately and you can challenge the same on merits.

If it is a mutually agreed divorce then you may place the condition that the child shall remain in your custody alone or else you will not give your consent fort the mutual consent divorce.

Then you can take decision accordingly.

You can demand property or cash in lie =u for your child's education expenses.

It is a mutually agreed divorce hence you may reduce everything to writing.

Dear

Your child is 14 years old and court will definitely ask his decision that with who he want to spend his life. 

And after that look in to other factors for deciding the custody of child. 

Yes you can demand maintenance in behalf of your child and also file a case for getting share from ancestral property if father and grandfather.