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False case of 498a filed against me want child custody


08-Dec-2023 (In Child Custody Law)

After 6 years of marriage and very good married lide, my wife as filed a false 498A case against me around 4 months back in Noida. I have two sons who will be 5 and 3 in two months. What are my chances of getting my children back from the cheats? Heard that in UP, the child custody remains with the mother uptil the age of 7.

Answers (1)

Answer #1
444 votes

Gerenerally, as the per the precedent set by the Supreme Court, the custody of the children reamin with the mother until they have attained the age of 5 years.

Thereafter, you can file a case to get the custody and the court after reviewing full facts and keeping in mind the welfare of the children accordingly grants the custody.

However, you can apply for visitation rights.

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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