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Child can't be forced to reside in stepmother's company: Court

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Press Trust of India New Delhi

Guardian Judge Gautam Manan declined the man's plea for custody of his 13-year-old son from the first marriage and said, "The petitioner has remarried and also has children from the second marriage and thus the minor cannot be forced to reside in the company of his stepmother and step-siblings."

"Leaving the custody of the respondent (mother) will have adverse impact on the minor specially when he will see that his father has a separate family to look after."

The city resident had moved the court for his son's custody from his former wife saying he was better placed to take care of the child.

 

The man told the court that he had got married for the first time in 1997 but due to continued "harassment" by his wife, he had to move to a separate accommodation. He said the child was born in 2000 but due to "misbehaviour" of his wife, he was left with no option but to seek divorce.

During his cross-examination, the man testified that he got divorced from his first wife in October 2004 and remarried in January 2005. He disclosed that he has got a girl child from second marriage and admitted that despite several years of court orders of visitation, his son has not become friendly with him. (More)

  

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First Published: Jul 29 2012 | 10:05 AM IST

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