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LATHA PRASAD (adv)     24 October 2010

child custody

There was no valid marriage ever exist between the child biological fathe and mother . The biological  mother has the sole parental responcibility. Now mother needs full custody right , though she is haveing custody with any intruption from the father of child & his whereabouts were not known.


Then how to file suit, under what provision to secute full custody rights since there is no marriage



 1 Replies

mohd. muqim khan (lawyer / advocate)     24 October 2010

As per my opinion gathered from law, i opine that if there is no marriage between them and whereabout of the father is not known. in such circumstances, it would be valid for the mother to file a petition for legal guardian ship before family court. However the father would be party to the suit and after due summons, the notice should be published in atleast two local newspapers after getting order from the concerned court and after compeleting all the fromalities, the concerned court will declare the mother as legal gurdian of the child.

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