To get custody

Guest (Querist) 02 June 2010 This query is : Resolved
SENIOR'S OPINION NEEDED
If wife suddenly starts living separately with her minor child(6month).
What immediate action the husband can take to get the custody of the child? (If any at all condidering the age of the child).

Whether the husband can move to court to get access to the child? (like spending few hour with the child once or twice in a week)
Any legal option open to the husband?

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Guest (Expert) 02 June 2010
visistation rights can be given to the husband on the basis of the facts of the case.
Custody may not be possible.

Shraddha Dalvi (Expert) 02 June 2010
Custody is not possible since child is only 6 months old...You will be getting visitation rights.

Guest (Querist) 02 June 2010
Kindly specify the law/procedure to get the visitation right..

Raj Kumar Makkad (Expert) 02 June 2010
You should move a petition before Family Court under Hindu Minority and Guardianship Act for such visiting rights.

adv. rajeev ( rajoo ) (Expert) 03 June 2010
Custody is impossible. For visiting right you will have to file a case in the civil court.
Karnataka High Court judgement is there that mother is the right person to take of the child.

Raj Kumar Makkad (Expert) 03 June 2010
Visiting rights can also be claimed under the act I mentioned above.

Uma parameswaran (Expert) 04 June 2010
Yes. Father can approach Court for getting permission for visitation right.

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