Civil Procedure Code (CPC)

Custody of 2months child

kindly let me know that can a father take custody of 2months old child , the wife has left home along with the child without any information and is noticed in her fathers home they are not ready to give divorce and are waiting for the husband to give divorce such that they can get maintenance , now the father at any cost cannot live without the child how to take custody of the child.


File litigation under guardienship and wards act to the competant court.



There is no remedy for you currently in view of the age of the child, the mother shall have custody and the court cannot grant the same to the father, even litigation will be futile and hence advise to go for conciliation.



1.Do  you have a Son or Daughter.

2. For child custody welfare of child is important, If the judge is convince you may get the custody inshallah.

3.Anyway the baby is too young, it needs mother support in terms of milk and care. you may apply for visitation rights and after 4/5 months child custody.

4.If you are blessed with a boy, then i belive you will get the custody easily.


thank a lot for guideance


File a suit under Gurdianship and Wards Act in the District Court ,but there is every chance order may be in your wife's favour as your daughter is very minor.


Mine is the baby boy i have got two male childrens the elder one is with me she did not take here along he is 2years old , she has taken the younger on who is two months old, in this case can i get the other childs custody also please reply and one more thing if i file a case of G&W how much time will the proceedings take for settlement


The wel-fare of the child is paramount consideration under the Gurdianship and Wards Act . If your wife has left 2 years child with you, it is necessary to know her nature , conduct and capacity to maintain the child. If she is not in position to maintain the child, due to her nature and conduct, having regard to social and financial aspects;  you will get custody of the child. It is necessary for you to go to court of law and file case for custody of the child. The situation that she has left 2 years child with you is storg circumstance against her. Other circumtances you may better know, be added in the case.


sir thanks a lot , i will try to add all that is against her . at any cost i need the child whom she cannot take care 


Sir, under R.T.I act can a individual get the passport details of a person , kindly let me know , if yes what is the procedure




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