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Can get temporary child custody without divorce

Mental Disorder Wife left home leaving paternal house with 7 years old Daughter, she don't want to come matrimonial house. I have already filed RCR. Now My question is without Divorce petition can I get temporary child custody due to her mother mental illness. If yes then What is the process to apply custody India. 

How much time it take to get this temporary custody.


 9 Replies

Ranee....... (NA)     30 November 2013

Do you have any medical proof that she has mental problem?

Your daughter can now decide with whom she wants to stay.

The court will ask her too.


Hello Ranee.......,

Yes I have already checkup her 2 Psychiatrist specialist both write several mental disorder to their prescripttion and prescribed for "psychometric IQ test" .

This "psychometric test" already done by Government Science College, kolkata. Test report show she is extremely low IQ (Full scale IQ 63%),  suicidal tendencies,  suffer from sever depression,  Aggression, Assultiveness, etc.

During this 7 years of marriage life she try 3 times suicide. 

dr.pawan rajyan (member and secretory)     30 November 2013

file an intrim application of  visitation in your rcr case.regards

Raajeev Sampat. (Self employed.)     30 November 2013

To my knowledge you will have to file a custody petition under the guaridnas and wards act of 1890.It is a separate petition altogether and if that takes time you can add muscle later by filing an interim custody petition to speeden the process of getting your child back.Other legal experts please also provide your inputs.

T. Kalaiselvan, Advocate (Advocate)     30 November 2013

Mr. Rajeev has suggested you some good suggestion, you may follow it up

N Mohan (Advocate)     01 December 2013

Mr. Rana,

As suggested by mr.Pawan, you can file interim relief by way seeking visitation right of your child.    Your information regarding your wife mental status and other things are not enough for seeking legal opinion.    It depends upon various other matters.    Whether your wife is employed?   When she left with the child? Where she resides now?   If your approach the court, you have prima facie satisfy the court regarding your allegations.

Have a Heart Foundation (Sales & Mktng)     01 December 2013

You need to file Child Custody under Guardians and Wards Act and attach all the relevant documents and doctor's report

Pray for Interim Shift Of Child Custody.

You need to Hire a good Advocate


Hello Mr. Mohan,

wife is not employed, she is house wife, She left home with daughter and all ornaments on 29/10/14, now resides paternal house. Don't want  to return my home. I have filed RCR as per my advocate advice and submit all documents of her mental treatment and Psychometric Test report xerox copy when apply for RCR.

dr.pawan rajyan (member and secretory)     02 December 2013

She left home with daughter and all ornaments on 29/10/14,????????

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