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pun (eng)     22 August 2013

Child custody in family court and civil court

Dear Members.

My child custody case is pending in family court and divorce case is going on in civil court. Wife has accepted before the judge in divorce case that she is ready to give custody in lieu of money. The judge suggested her that you dont need to ask money for child maintenance if you give custody to father for which you are already interested. then her lawyer used her skills and said that child custody case is already pending in family court.

The judge looks little bit convinced in case if i can show some judgemnet of HC/SC stating that even if custody case is pending in family court, civil court can take decision under sec 26 of hindu marriage act in best interest of child.

Kindly share any judgement of HC/SC supporting my situation.


Thanks



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