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custody of girl child with wife's parents. Wife staying with other man


08-Sep-2023 (In Child Custody Law)

case filed by wife. Going on for past 8 months out of which she remained absent for the last 4 times repeatedly. She is staying with another man in another city. Our 3 year daughter is with her parents. During the last time even the judge fired her lawyer about her absenteeism. What is the next proceeding of the court in such case and how the proceeding are made and how to file for custody of girl child?

Answers (2)

Answer #1
300 votes

If the child is with your wife parents then you can file a case of custody under Hindu Minority Act and guardianship act 1956.

As per the said Act custody of a child up to 6 years stays with mother however after examining the paramount welfare interest of the child custody of the child can be given to father 

Answer #2
634 votes
If she remains absent continuously then the judge will proceed with case which will ultimately benefit you. If the stage of case does not require her presence then her advocate presence is enough. If she do lead her evidence then you may win the case against her.

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