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Can father get child custody without divorce ?


26-Jan-2023 (In Child Custody Law)
Sir my wife live with my 4years son in Kolkata her parents home since two years. RCR PASS IN MY FAVOUR. CAN I GET CHILD CUSTUDY WITHOUT DIVORCE.
Answers (4)

Answer #1
868 votes
How old is your son? Offcourse you can get custody satisfying certain parameters. Not joining you after RCR shows her adament behaviour. Court see the betterment of child. Meet for further consultation.
Answer #2
907 votes
Yes you can get the custody of the child without filing for divorce, you can file the said petition under section 26 of the Hindu Marriage Act provided it applies to you if it doesn't then there are other laws through which u can get the custody of the child

The welfare of the children is of the paramount consideration for the court in the custody cases
Answer #3
581 votes
you will have to wait for atleast 1 year as the law says that a kid till he/she is 5 yrs old is given to the Mother. But if the mother is not sound enough either financially or medically the Judge/Court may decide in your favour.
Answer #4
552 votes
Without wifes consent or/and courts intervention, keeping custody of child would not be legal. Further, claiming coustody would depend on the facts in detail, that apply to your case, which can only be given final effect by a court of law.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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