Frequently Asked Questions
Who can seek child custody in India between a mother and father?
Anyone of the parents.
When can the father claim’s child custody?
Though the father can seek custody as soon as the child is born but generally it’s not given till the age of 5 yrs.
What do the courts mean by the best interest of the child?
“best interest of the child” means a decision taken to ensure the physical, emotional, intellectual, social and moral development of juvenile or child.”
What are Visitation Rights for Fathers?
The Visitation Rights for Fathers simply means that the child’s biological father has as much right to spend time with their child as the mother does.
What are the criteria for determining the custody of minor children?
Only Welfare of child is looked by Indian Courts.
How to file a divorce in India?
1. Mutual Divorce
2. Contested Divorce
What are the basis of getting divorce in India?
Cruelty, Adultery, Desertion, Conversion, Insanity, Leprosy, Venereal Disease, Renunciation, Presumption of Death.
If one party is not agreed, can a divorce still be granted in India?
Yes, it is called a contested divorce.
Can a divorce be done without going to court?
Not under Hindus. Though Muslims can get divorced under personal law.
What is the difference between contested and uncontested divorce?
If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce. Conversely, if there are one or more significant matters that the couple cannot agree on themselves, it is a contested divorce.
What is the difference between legal separation and divorce?
Judicial separation does not terminate the marriage, whereas in divorce the parties are no longer husband and wife.
What is the difference between marriage annulment and divorce?
An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.
what-are-the-provisions-against-refusal-on-the-part-of-the-police-to-register-an-fir?
In the case of refusal, on the part of the police, to file an FIR without credible justification, a complaint can be lodged with an officer at a higher rank in the hierarchy, such as the concerned Superintendent of Police. . If the application to the Superintendent of Police does not result in the desirable resolution, a complaint can be filed with the judicial magistrate, under section 156(3) of Crpc. . The magistrate shall examine the credibility of the accusation, and if satisfied, direct the police to register the same in an FIR.
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