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Deepan Nagarajan   25 December 2021

Child custody

Hi Sir/Madam,

I have married and have 1 year old girl baby. My wife's mother was staying with me in order to take care of my baby for 2 years including my wife pregnancy period. After baby born they not allowing my baby to my mom home by saying Corona as reason. And my wife's mother always jump into me and my wife conversation and this lead to big problem in home always it went so long now my wife start to hate me and made big problem she acting so bad beating me also had beat my brother for no reason . My wife and her mother acting so worst. No one of her relatives ready to come and talk with them because of there behavior. Now I just came out from home daily am visiting standing in road and spending with my kid and going. Now my wife her mother and mother's sister all came in how.e and sitting.But not allowing my baby with me to my home. When my wife was got into Corona I spend paid all bill take care of kid by myself last month after she recovered again doing fighting to me. Now I need my kids custody I don't want to take baby from her totally or I no need divorce I just need my baby to spend and I want to grow her good. I promise they won't grow her as good human because of there bad attitude. I need custody one weekends. Friday to Sunday night I want to be with my kid is it possible because she is only 1 year kid.

 1 Replies

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. 



Anaita Vas


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