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Shilpa Patel   08 May 2023

Urgent response needed

Hi Team, 

I am married for 5 years and have a girl child of 4 years. And I am in my parents place (along with baby)almost from 2 years because of my mother in laws torture. 

From past few months he started visiting here. All family members were happy. But now when I question him about our future, he has no answer other than he preach me for being good with his mom. 

Now in recent pasts, he had a great time on the same topic, he is saying he will take the baby along with him legally if I don't agree to send the kid along with him. He has not done anything to my baby all this year's other then getting some toys. I had sleepless nights,, and so many strugglles.. Now how can I send my baby along with him? What does law says about this? 

He is making very big cenemic action in front of ever one. 


Pls pls guide me on how to have my baby along with me only. 


Thanks and Regards, 



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

You don't allow him to take the child with him and if he is threatening then you don't allow him inside your house also, you can stop him at the door steps itself and ask him to get the court order 

If he files a child custody case you can express your grievances before court and object to his child custody case on the grounds you rely upon and get his case dismissed.


P. Venu (Advocate)     08 May 2023

Though father is the legal guardian, the mother has absolute right for custody of the child.

Real Soul.... (LEGAL)     08 May 2023

Since he is father he has right to meet and spend time with baby.

Regarding claim of custody you can refuse since the child is female and living with you from last many years. Legally he can file for custody of child in the court but that is not easy thing, he has to prove that he is a good father and can give better living to child. Since it is female the courts prefer mothers to be guardian.

You must decide for future now otherwise it will be too late, since your married life seems in dilly dally .. just take a decision now and act on that wisely.

Sunita Khorwal   09 May 2023

Being natural guardian your husband can visit the child. But you need to be careful and take legal recourse in the matter asap because under legal umbrella you will be secured and no one can visit your child without court's permission.

Well till child gets majority the custody of child generally remains with mother unless something contrary proved by the opposition. It is better if you take action for custody of your girl child. 

Niharika Lohan   13 May 2023

Hi Shilpa, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.

In the eyes of law, the welfare of the child is of paramount importance. Father is the natural guardian of a child and after him, the Mother. Mother has the custody of the child upto 5 years from child’s birth. You cannot stop the father to meet with his son without an order by the court, upon merits of the case.

However in lay man’s terms you have a plus point, as your child is a girl. Courts generally prefer that mother be given custody of girl child.

In case, you strictly want that your husband does not meet with the child, then you must take legal assistance of a prudent lawyer and get custody orders of the same.

I hope this information yields fruitful to you and in case you require further guidance, you can contact me via email at

Alpa Jogi (Advocate) (Lawyer / Advocate)     18 May 2023

Supreme court has already upheld that Mother will have the cusotody till five years. No need to worry.



Alpa Jogi (Advocate)

Child Custody Advocate in Ahmedabad

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