Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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santosh sonawane   26 April 2020

Custody of child

I have an daughter of 4 years, as me and wife has some issues, she has left my house and staying with her parents, she is not allowing to meet my daughter. Also not ready to give me the possession of her for at least 2 days in week, if we decide to get separated. She is working women and her mother look after my daughter. As she do have the holiday on Saturday and Sunday, I am asking her to give custody of daughter for Saturday and Sunday only. Is there any, with the help of which I can get the daughter's custody for Saturday and Sunday?


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 April 2020

you can proceed local family courts to file a petition for custody of child. Since  spouce is not seperated through law. A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody. Notably, in child custody cases non-custodial parent seeks the custody/guardianship of the minor child.

santosh sonawane   26 April 2020

Does it means, I can not get custody , unless I go to the court?

N. Sivaprakash, Chennai 984099 (Advocate)     26 April 2020

I agree with the advice of Mr. Rama Chary. Normally in case of female children the custody will be only as that of the Mother. You can ask for visiting rights. For getting totally custody of your daughter you have to prove that your wife is acting prejudice to the interest of your daughter.

santosh sonawane   26 April 2020

I m not looking for total custody, I am looking for Custody only on Saturday and Sunday., also ,is their any way, that I can visit my daughter without filling any divorce petition?

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