Can husband get atleast partial custody of children under d.v.act, 2005

arun (Querist) 08 April 2012 This query is : Resolved
my wife filed false complaint against me that I slaped her some two years back and giving her mental tension and torture. the case is subjudice. I want atleast partial custody of my 2 children. at least 3 days in week they can stay with me as wife is staying with her parents just across the road just 2 minutes walk from my place.

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V R SHROFF (Expert) 08 April 2012
U have to file separate suit for children's custody, partial or complete.

Shonee Kapoor (Expert) 08 April 2012
In DV, you can only get visitation of children and being the respondent you can not the custody of the children.

For child custody you would have to file a separate suit for Guardian and Wards Act.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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