Legal Advice

Will my husband get baby boy custody?

Question: I got married on 3rd march 2020. I have a one year old baby boy. My husband is an alcoholic smoker, drug abuser, ganja addict. He is always there in fights, he even has a sword and gun, he beats me and even has extramarital affairs. Now I have left his house for 2 months. My question is that I have done my MTech in structural engg. But I'm not working right now due to my baby. So will my husband get baby boy custody.

Advise

Your husband is a drug addict and alcoholic person. If he has any woman in his family like mother or sister, who is living with him then he can get custody of the child. In absence of any female member in the home it would be impossible that the court may grant custody of his child. 

The guardian and wards act compels the district court to determine who is fit for the custody. The welfare of the child is the foremost purpose thereof, the court can grant custody. If the court finds that the father’s house is fit for his overall care and welfare then your husband may get custody. Otherwise not.

Shivendra Pratap Singh

Advocate

High Court Lucknow