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PARSHURAM KOLE   29 November 2021

about to custody of my childrens

my wife is not mentally fit and she was a took treatment for that she was not living with me and no give permission to meet my childrens who are 0nly 7 and 5 years old I don't want to divorce her beacause I love her very much but I can't leave without my childrens here is any law to take custody of my childrens
please help me


 4 Replies

Shashi Dhara   29 November 2021

Yes approach court to custody of children for their future as the mother is abnormal who is unable to maintain children.

Advocate Bhartesh goyal (advocate)     29 November 2021

You can claim custody of children under the provisions of Guardian and Wards Act for their betterment and welfare as your wife is unable due to mental unfitness.

PARSHURAM KOLE   30 November 2021

thanks all of you

Anaita Vas   19 January 2022

You have to apply to the court to get custody of your children and in such an event, the court will a specific time to meet your children and the case will further proceed. Generally, the custody of children up to the age of five remains with the mother. After the evidence, the court will decide to whom the custody of the child is to be given. The paramount consideration is the welfare of your children - who can look after your children in a better way etc. So go ahead and file the applications for custody of your children. The application will be filed in the court where your children reside. Don't file a case at the wrong place as in such an event, even after so much work and explanation, the case will be dismissed for want of jurisdiction.

 

Regards,

Anaita Vas


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