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Child custody of 6 year old girl

(Querist) 02 June 2012 This query is : Resolved 
Sir,
Me and my husband (we both are muslim ) are living separately from last 2 years still married.

As of now my daughter is living with me and me and my parents are taking care of her. he(my husband) didn't even bothered to ask how her daughter is doing. and also not giving me divorce.

I want to know in given circumstances who has the legal custody or how can i get the court order or something that give me sole legal right to take decisions for my daughter as I want to move out of country. Please advise
Devajyoti Barman (Expert) 02 June 2012
Under the eye of law you are her lawful guardian.

Unless there is any restraint order regarding the movement of the child you are free to take her with you anywhere.

You need not go to court for this.
Shonee Kapoor (Expert) 02 June 2012
Enjoy the company of the kid and give her good upbringing,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Advocate M.Bhadra (Expert) 02 June 2012
You need not go to the Court as your daughter is minor so you have right to custody of her and her welfare,you can go aboard.
N.K.Assumi (Expert) 03 June 2012
I appreciate the above views.
V R SHROFF (Expert) 03 June 2012
Agreed with Experts.


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