Deepan Nagarajan 25 December 2021
Anaita Vas 28 December 2021
You have to apply in the court to get the custody of your child and in such an event, the court will fix you a time to meet your child, and the case will be further proceeded. Generally, the custody of the child upto the age of five remains with the mother . After examining evidence, the court will decide to whom the custody of the child must be given to and the paramount consideration is the welfare of the child. Who can look after the child in a better way? So go ahead and file the applications for custody of your child. The application will be filed in the court where your child resides. Don't file a case in the wrong place as in such a case, the case will be dismissed for want of jurisdiction.
Child custody in Hindu Law is governed by the Hindu Minority and Guardianship Act, read with the (secular) Guardians and Wards Act, 1890. The father is treated as the natural guardian. Your child also has a say in the granting of custody so make sure she is not brainwashed by you wife or anyone else.