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Author Topic: Divorce and Child Custody advice  (Read 642 times)

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Offline Sb009

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Divorce and Child Custody advice
« on: July 08, 2016, 03:57:21 PM »
Hello,
It is with heavy heart that I seek advise from this forum. Unfortunately, I am at a point in my marriage where getting separated is the only option.
We were married in India and current living in Switzerland. We have a child who is 2 years old.
I would like to know how can I file for divorce whilst being in Switzerland. Also I would like to file for custody of my child.
My wife doesn't work and I have strong reasons to believe that she is incapable of providing a good life to my child. Would this be a valid argument in court whilst seeking custody of my child?

Offline advjaibansal

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Re: Divorce and Child Custody advice
« Reply #1 on: July 09, 2016, 01:01:30 AM »
Dear Sir,

IF your wife is there in switzerland then you can file for divorce in switzerland or else here in India at the place where marriage took place or the last place of residence together in India. Or at the place where wife is currently residing in India.

Normally custody of small children is given to the wife. wife not working is not a ground for taking the custody, you have to show some grounds and conduct of the mother which is against the welfare of the children for taking the custody from the court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Divorce and Child Custody advice
« Reply #2 on: July 09, 2016, 09:04:52 AM »
If you are still citizen of India then you have to file divorce case in India only as you have married as per Indian Law so there is no reason to get divorce at Switzerland and same is not maintainable in the eye of Indian Law. So, you have to file Divorce in India where marriage has been solemnized or at the place of your wife's present residing place.

It is always better and preferred to go for Mutual Consent Divorce and also agree to take custody of child on mutual consent. But court will look the welfare of the child not by only monetary but also by his/her social circle and environment, education, etc. I am afraid that on the basis of argument child custody will be given to mother as child is less than 4 years as per Indian Law.

You can contact me for further clarification and/or consultation in details
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Sebastian

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Re: Divorce and Child Custody advice
« Reply #3 on: August 21, 2016, 10:04:17 PM »
First of all you must take help from the best divorce lawyer and your point that your wife is jobless that will not be the valid point because you are supposed to give the alimony.



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« Last Edit: August 21, 2016, 10:11:16 PM by Sebastian »

 

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