Sachin Srivastava (ITA) 18 September 2019

Section for filing child custody

Hello, I want to file child visitation and custody. RCR is going on but wife is not appearing in it so I want to file a seperate case Please advise whether I should file it in section 6 a off hindu minority act or section 12 25 of GWA act? Which one is better for father if son is 3 years old and wife is not allowing to talk to son since last 2 years ?

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3 Replies

Real Soul.... (LEGAL) 18 September 2019

You can file under gurdain and wards act; The custody is very difficult however visitations can be granted.

Since the RCR case is pending you can follow that .

SUNIL KUMAR (apprentice) 18 September 2019

You can file u/s 26 of HMA

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 September 2019

Dear Querist

if there is any Divorce or RCR case is pending between Husband and Wife than it will be better to file an application under section 26 of HMA before the Family Court where the matter/matters are pending but in this application the child custody will be decided by the court at the time of final Judgment of the Case.

Otherwise file separate petition under section 12 & 25 of Guardian and Wards Act.

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