Father in law have filed an application demanding custody of child

I am,a mother of child who,is 4 yrs old my inlaws and husband had deserted me ever since i was pregnant, its benn more than,4 years now, i already have an pending court case where my husband has asked for conjugal rights after i started getting maintenace, he has recieved visitation,rights but the parents have been denied, now they have filed application under guardian and wards act 1860, sec 6,7 and 10 and minority hindu act 1956, our marriage is under special marriage act and my child is of no religion as there has been dispute,since begining. kindly help as to wht has to be done.

Answers (1)

267 votes

As per your query, if your child is below 5 years of age then the court usually gives the custody of the child to the mother only and she is made the legal guardian of the child.

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