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How long it takes for child custody case after divorce

Hi, I recently received my divorce on grounds of ex-parte. Ex-husband left the country and we are not in touch for more than 5 years. I have a daughter of 6 years. My divorce paper does not have any mention of child custody. So, I am filing for custody separately. How long will it take for me to get the custody order?


 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 November 2018

Dear querist,


There is no fixed time period everything depends upon merits of each case.


In case you husband does not contest custody case then you may get ex-party order, if your husband contest custody case then welfare of the child will paramount consideration in granting custody of child.



Deepak Joshi & Associates


Mb/whatsapp +919456777600

Shashi Dhara   11 November 2018

Keep silent. Wait for some time. What Ur ex husband do.he claims or keeps quiet. U have filed suit for maintenance or not. U only earn &serve the daughter.most husband's tries to escape to give maintenance.he has married another one or not.do u know about it.

ANAMIKA VICHARE (LAWYER)     13 November 2018

Your lawyer has made a blatant mistake of not seeking custody prayer in the same divorce petition while it was very very easy as the daughter was in your custody only.     Now first of all when you file custody petition, the question of service will arise first.   If you know your husband’s correct address out of India serve the summons there else, you have to pulsih notice in the newspaper where he presumed to be normally resides.   But as you said that he is out of India, and if you do not his address, it is very very difficult.   For further secret advice contact 7506552608

Kumar Doab (FIN)     13 November 2018

In your query you have not mentioned child is with whom?

Your own LOCAL counsel can advise you the best on time to be taken in LOCAL courts.

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