• Broken marriage and possession of child

Dear Sir, 

I am going through a disturbed married life. After subsequent arguments and misleading information, she is at her mother - in - laws place and refusing to come back, after repeated requests. the child who is 2 years old is with her and she along with her mother in law are refusing to give him. She slammed the door on me yesterday, after a heated argument. How do I get the child ?
Asked 3 years ago in Family Law from Coimbatore, Tamil Nadu
Religion: Hindu
The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. You would have to approach the court under these act by taking the services of an advocate in your vicinity.

For getting the custody of the child you would have to prove that you can take better care of the child when in your custody, though the matter of custody is primarily based on the facts presented to the court and the judge deciding it.

Thanks,
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
For custody of the child, if a child is under 5 years, the courts usually prefer to hand over custody to the mother, the primary question in focus for the court is keeping the child's welfare in mind; albeit in several Supreme Court judgments, there is no distinction as to whom the court should prefer in handing over the custody.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0

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