Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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vaibhav   03 June 2017

Custody of children

Hi All, i have posted some queries before regarding issues with my wife , just to brush up.. 1. wife and myself not staying together due to serious differences. in agreement with my wife pushed me out of my shared household.( 2015).Also threatened to file all package cases 3 myself staying with my parents now. 4.till date no case filed 5. in-laws taken my children to their native village and got them admitted in local school without my concern. 4. wife still staying here in share household for which i m paying rent and she is taking HRA of same ( found through RTI ) 5. MY QUESTION IS ... can i file for custody of my girls aged 6 and 3 as both staying with in-laws without filing any case for divorce .


 2 Replies

Ms.Usha Kapoor (CEO)     03 June 2017

You can take custody of 6 years old girl but not 3. Children upto 5 years oldare given custody to their mothrer as she is the natural guardian upto that age. After 5 custody of children is preferably given to father as he is the  natural guardian. If you are financially better off and shower them up with love and affection court would award custody of children who crossed 5 years to you only. In court's view Welfare of the child is paramount consideration.Keeping this dictum inmind court accordingly award child custody to mother or father.

naveen (business)     11 June 2017

Father being natural gardian Without applying for child custody can he bring child from mothers custody? She can file kidnap case? Will it be accepted? What is the legality of it? What else she can do? What happens if he brings child forcibly with him?

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