Custody of child for Father when case under HMA still going on

Hello All, My wife has put section-9 (HMA) and section-24 (interim maintenance) against me. My wife is working and we have 1 daughter (about 4 years old). We have been living separate for about 2 1/2 years now. She is staying with her parents in separate city. None of us has filled divorce case so far. She has described me as a very cruel Father and a very cruel Husband in her petitions. She does not want to live with me and only wants good money in section-24 (interim maintenance). Does it make sense for me to apply for child custody at this point of time ?

Answers (3)

For better advice you need to tell all the details responsible for this incidence along with working details of your wife and you . But in the present situation described by you it is better for you that you file a counter case under section 9 and 24 of HMA.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Your wife has filed 9 RCR against you, asking for restitution of her marriage while portraying you as a cruel husband!! This itself is a good ground for you for future reference. If she does not want to live with you and has filed 9RCR as a mere tactic then you too contest it with full spirit and do not file for divorce immediately. In case your wife is a working women sec 24 shall become a little tough for her use in her best interest in the light of the latest judgments. Yes indeed you may file a custody petition at any given point in time, especially considering that while contesting 9 RCR you may claim that instead she has left your company and has also deprived you of your child's company and hence u have a ground for custody amongst many other grounds. For further detail you may contact me.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

You will first have to file your reply to her petition. Apart from this you can file for divorce on ground of desertion and then apply for child custody. As the child is a minor girl, the courts favour keeping her with the mother. So it is important to prove first that she is not a good mother.

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 and has been responded by one of the Child Custody Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

My wife said she can't take care of my mother and she took my daughter to her mother's house seven months back and now she is not allowing me to see m…

Read More

My son is 5.5 years old and daughter 1 month. I have been living separately from my husband at my mother's house with my son since my 6th month of…

Read More

I want to stop the marriage of my friends whose age is only 18 and 16 years only and girls age are only12-13 years ,the family members are force for t…

Read More

Wife left matrimonial home with the child without consent. She filed false allegations and asking divorce, money and child custody. Who will get custo…

Read More

Talk to a lawyer for your legal issue