• Regarding Child Custody in Dv case

I am married for 7 years now , 2 years back due to dispute with my wifes family. My wife away went to her maternal town and filed a domestic violence case against me and my family. From past 2 years child was with me.  Now, she got an interim order in DV case for custody of child. Is there a way i can get custody of my child.
Asked 7 months ago in Family Law from Vadodara, Gujarat
Religion: Hindu
1) make application for joint custody of the child 

2) recently law commission has recommended that joint custody be given to parents in matrimonial disputes 

3) family court in Mumbai has in a recent case awarded joint custody to both parents wherein mother given custody for 183 days and father fir 182 days
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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file a child custody case before the family court under Guardian and Wards act and claim child custody and without due procedure of law she can not get child custody but may get visitaion right to visit the child.

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Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
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Due to dispute between the husband and wife, the child may get harassed directly or indirectly 
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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1) if both are staying in same city court can award joint custody 

2) it should not affect child's education 

Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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Hi, you have to file an appeal in the District Court and seek for stay of the order passed by the Trial Court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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Hi
If you both are not in same city,joint parenting or divided custoy is not an ideal one.
The interest of the child has to be important and paramount in fighting for the hstody as any court will consider this.
How old is Your child ,if it is less than five courts generally allow custody to mother unless prove that she has mental illness or not competent to look after the child.
It is advisable you ask for visitation rights, get access for holidays ask for 15 days  when child has vecation as it will not affect normal school schedule .
You can ask for every week or twice in a month visitation access.
Consult with a lawyer ,depending on the nature of the case,parents,child , the facts differes so the court orders. 
it is better to take proper advise meeting alawyer in person before trying for appeal on the interim order .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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If the court has ordered you to hand over the custody of child to his mother then the order has to be obeyed. The only alternative to this is to challenge the order in the higher court within 30 days which can stay the order of the lower court. In a case of child custody the only consideration for the court has to be the welfare of child.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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if you have evidence to prove that your custody is better for the welfare of your child rather than your wife. then you should challenge the interim order before the district court under guardian and wards act. 

you should file a case of restoration of conjugal rights for better handling of custody case. you have to show that you are willing to perform your matrimonial duty and also show that your wife has no reasonable excuse for living separately. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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