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Need urgent advise pls

Page no : 2

Vijay Raj Mahajan (Advocate)     22 January 2018

Look your minor child in living with your wife in a foreign country and in order to get the sole guardianship and physical custody of the minor child under the Guardians & Wards Act, 1890 the petition can be filled in India where the  minor child orindinarily resides in India, which not in this case.

The other option left with you is to file for the annulment of your marriage in Family Court in India, on the ground of fraud committed by your wife by hiding the fact about her first Muslim marriage, Nikkah with a Muslim man after converting to Muslim religion but after the divorce she did not convert back to Hindu religion for Hindu marriage with you, now here you have to file the petition under section 11, 12 of the Hindu Marriage Act,1955. However this petition you have to file with 1 year of the disclosure of the fraud otherwise it will be time barred and not be entertained by the court. In the main petition for annulment you can move application under section 26 HMA for seeking custody of minor child.

Otherwise you have no other option for seeking custody of minor child in India as the minor child lives with your wife in the foreign country and for that you need to go to that country and file for child custody.


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