My partner and I got divorced 5 years ago. I could not attended the court proceedings properly due to some personal reason. Consequently, she got the judgement in her favour. But my son is living with me since the beginning. I have not remarried yet. Is it possible for her to get back my son with the help of court? She was already married and has a child also.
What should I do to avoid losing custody of my son?
17th December 2008 From India , Madras
Dear Ramesh
Do not worry she can not claim custody of your son in any court of law as she has married and got a issue from her second husband.
In case any query pls write me on .
Ashutosh verma
10th May 2013 From India, Delhi
as you said your wife already got divorce, court at the time of divorce it will take in the consideration of the welfare of the child and gives the custody, any how again she got married and got children ,she cannot have the right of custody of child as she had children and husband. and if there is the chance then, you plead in court that the welfare of child will be best at your observation only and she got married and child is happy with you.

The welfare of the child is of primary importance in deciding cases for custody of child.

The Hindu Minority and Guardianship Act, 1956 clearly provides that natural guardian of a minor child is the father however up to the age of 5 years custody shall ordinarily be with the mother.

the divorced lady but even one who has remarried after the dissolution of her first marriage can be allowed to keep the minor child if the consider that welfare of the child is more secure with her then the natural father.

where father has been granted custody of minor child if it was found that the welfare of the child not secure while staying with the mother.

If your wife after divorce herself is ready to give away the custody of child to the father of the child then court will not interfere in such case, this will be mutual understanding between the parties.

hope you got the answer.
29th September 2013 From India, Hyderabad
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