How to get my son's custody

832 votes

Custody of your son can be taken by you by filing a case under guardians and wards act in the court of law only because primarily it is the right of mother to have custody of child who is of tender age.Rest things will be taken care of by us further on discussions with you once u decide to file case in court of law

Advocate Vipin Kumar Malhotra LawRato

649 votes

Do not worry . For the custody of your child you should file a case for guardianship in the family court and also file domestic voilance case against your husband and in laws for all the wrong done to you. This will also make pressure on your inlaws and as he is not earing can b a ground to claim custody of your son

Advocate Meenakshi Aggarwal LawRato

754 votes

A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.

Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:

Matters to be considered by the Court in appointing guardian.—

(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec­tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.

(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de­ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.

(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.

(4) The Court shall not appoint or declare any person to be a guardian against his will.

Advocate Siddhant Sharma LawRato