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SUNIL GEORGE (electrical engineer)     12 November 2022

7 year old boy child custody by wife

Dear Madam/Sir,


I am father of 7and half year old boy. I am working abroad and my son and wife was staying with my mom and brother. ~Due to differences she left home before 4 months. She is working in private bank and transferred to far area (100km from my home). My son is studying in 2nd standard at a well reputed school near my home.

I am working in Kuwait and can take my son to Kuwait. But since she filed case for child custody what I should do? She is not caring mom and her working time is from 9:30 am to 6:30pm. Her parents are not with her. So can she get child custody? My son don't want to go with her. So many time I asked to him and he told he like to stay with my mom or ready to come to my place abroad.

Please advise what to do. I don't want to loose my son. Please help.



Thank you so much in advance.



 8 Replies

Hari Shankar   12 November 2022

Hai I'm Hari Shankar High court Advocate from Telangana. further details contact me on 9394002002.


Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 November 2022

 child custody is the process of allotting a right to one of the parent to have over the other regarding their child either during or after the decree of divorce or judicial separation is passed.

SUNIL GEORGE (electrical engineer)     13 November 2022

Dear sir,

My wife not staying at my home. But she filed for child custody of my 7 and half year old boy (DOB: 06/05/2015). My wife can't care him because her working time is 8am to 7pm. Only Aunty at home with  her.

My son stays with my mom and brother and we have very good facility and my son is very happy with us.Will she have any chance to get custody?

Please advice sir. Thank you so much

Alpa Jogi (Advocate) (Lawyer / Advocate)     17 November 2022

Custody of child will be decided by court on the basis of welfare of the child. The court will try to ananlyse with whom the future of child is safe and with whom the child is likely to groom. At times Honourable courts are more snesitive in child custody matters. They try to analyse all the aspects such as financial, educational, social, number of persons in family etc. So based on aforesadi comments, you will be able to decide whether she will have a chance to get custody or not.



Alpa Jogi (Adovcate)

Consult advocate online


SUNIL GEORGE (electrical engineer)     26 November 2022

Dear Sir,


Thank you so much for your reply.

I have one more enquiry. I have to take my son abroad now beacuse with me he can get the best education and facility. Also he was born and bought up here in Kuwait up to 5 years. Only last one and half year he gone back with my wife as she will loose job if not join. But my son was studying school from my parents home.

So she filed child custody case against my mother (Aged 73). So can I take him abroad as there is no case against me? Also my wife have visa so she can come here too. only problem is she need to resign her job which she don't want to. Please advice.


Thank you so much again sir for your valuable advice.

P. Venu (Advocate)     26 November 2022

It appears that the child is your cutody through your mother. Now, that the matter is before the Court, you need to contest the petition filed by the wife in order retain custody.  

If the Court permits, you may take him abroad.

Other aspects mentioned, to my understanding, are beyond the purview of the Court.  

SUNIL GEORGE (electrical engineer)     26 November 2022

Dear Sir,

Can I approach court before the date of her petition to take my son abroad? because otherwise his vis will expire automatically. Also what if I take him without informing court and transfer his schooling to kuwait?


Thanks for your time and advice

P. Venu (Advocate)     27 November 2022

You can approach the Court through an IA. The matter could be advanced for early hearing.

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