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sripartha (advocate )     11 December 2017

Gop for a child when the child is already in custody

The brief of the case is that, a lady is married under Christian law and she has two girl child by age 5 and 7. The lady is living separately from her husband  for past two years and now the husband wanted custody of child, from Singapore.

My legal query is that can the lady having already the custody of child can apply of custody or guardianship of the child in the courts of india. If yes what the provisions and citations relating to it.

Dear members kindly enlighten me. withyour valuble opinions



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 4 Replies

Siddharth Srivastava (Advocate)     11 December 2017

Though mother is living with children but you must appreciate that after the age of FIVE years it the father who is the natural guardian so mother requires to obtain custody of children from court of law. Since both children are female hence court prefer over the mother while granting custody of girl children. If required consult with details.

sripartha (advocate )     12 December 2017

dear Ramesh Singh ji, kindly guide me relevent provisions are citations, 
Sidharth Srivastav, Advocate ji thank you suggestions  
 

Adv Radhika Mehta (Advocate)     15 December 2017

The mother may be having the physical custody of the child but not the legal custody.  For that, it is pertinent to approach the Court.  The Provision mentioned hereinabove is in the nature of an ancillary relief sought in addition to the relief of Judicial Seperation.

If the mother desires to put an end to her marriage, she can file for Divorce or Judicial Seperation, wherein she can seek for custody, maintenance etc. Otherwise, she has to move the Court under the provisions of Guardians and Wards Act.   

sripartha (advocate )     21 December 2017

ramesh sir and Adv Radhika Mehta thanks for the comments the matter is solved, suit is filed under guardians and wards act. and i once again thank all members who gave their valueable opinion to me ..

 


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