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sunny (hardware)     10 January 2020

Father custody of girl child

Hi Both Lawyers/Fathers fighting for girl child custody can answer

I have got married in 2013 .My wife went for delivery and delivered the child in June 2015 from there she is putting conditions Never came back and giving excuses every time.
I use to travel from Bangalore to Chennai to see my child. 

After 6 years of seprations now she is asking for Mutula divorce.

I love my Girl child born in June 2015  4 years 1 month.
How are the years calculated ?
2015-2016-1 year or 2015-1 year,2016-2 Year ?
I saw in forum the father get GIRL child custody post 5 years.
Request you to help me I dont want to miss my child

With Regards




 11 Replies

Adv Deepak Joshi +917017821512 (Advocate)     10 January 2020

The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child.

Adv Deepak Joshi +917017821512 (Advocate)     10 January 2020

contest your case in merit

Rupin Dhama   11 January 2020

You can have the custody of your child and also can get the divorce.

For more information contact us on 9999121211 or email us on info.lawjunction@gmail.com.

Rupin Singh Dhama
Law Junction

Dr J C Vashista (Advocate)     12 January 2020

Seek custody of the child by filing a case u/s 12/ 25 of the Guardians & Wards Act before the District Judge where child is residing, where you may be granted visitation rights.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

sunny (hardware)     12 January 2020

Hi All,

First want to thank you each and every one to put there time and efforts in helping me in sharing your knowladge and exprience.

Hi Deepak Josie sir,

contest your case in merit
To contest in merits What are the factors you want to prepare on so that I start the base work  to avoid in last minute. I should face last minute challenges.

I love my child 

With Regards


sunny (hardware)     13 January 2020

Hi All, First want to thank you each and every one to put there time and efforts in helping me in sharing your knowladge and exprience.

Hi JC Sir,

Thank you for helping in sharing the information. I request you to let me know what the  facts/ documents required to prove myself can you please elobrate in detail I will start preparing the document.


With Regards



Anukriti   15 January 2020

  • Though while giving the custody the mother is given the first priority for a kid who is a toddler, the father can get it by following ways:
  • If the mother is willing to give up the custody of the child, then the father may get custody.
  • If the mother is not mentally stable, the father is the next person to get custody of the child.
  • If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.
  • In case the mother is of an immoral character, which may affect the child as well, the father gets custody.
  • You will be able to seek custody post June 2020.
  • Section 6: The Hindu Minority and Guardianship Act, 1956

    The Natural Guardians of a Hindu Minor, in respect of the minor person as well as in respect of the minor’s property), excluding his or her undivided interest in the joint family property), are—

    (a) In case of a boy or an unmarried girl—The custody shall be given to the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

sunny (hardware)     16 January 2020

Hi All,
Thank you all those who seen the pain of fahter in above place. Other lawyers are also welcome to answer the below questions.

Hi  Anukirti,

First want to thank you for going to through my pain for getting my girl child.

a.As per your advice post 5 years completed on June 2020. I can apply for the custody of the  girl child and I will get the full rights on the child and  visiting rights are given to the mother  ? 

b. She is giving training to the child to say " No to father" in front of Judge. Please advice how to go about  ?

c.Any other advice will be a great help

With Regards


T. Kalaiselvan, Advocate (Advocate)     17 January 2020

Generally the child shall remain in mother's custody till it turns 5 years old hence the court may not consider the child custody case in favor of father  before that age.

However the father may be granted visitation rights based on the circumstances.

Now you can decide how  to fight this case.


sunny (hardware)     17 January 2020

Hi All,

Thank you very much for your support.  to all. Other advice also welcome.

Hi Kaleselven sir,

As per your advice post 5 years  of the child will I get the complete child  and visitation rights to Wife.. She is planing to child away from me by going to abroad . 

What is the steps I need to take accordingly.

With Regards



Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


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