quesHow to file for custody w/o divorce? Wife doesn't let me meet him.

I need some clarity on child custody. My wife went away to her parent's home a month ago and took our 4 year old son with her. All my requests and pleads to her to come back have been rejected by her and she says neither does she want to stay with me, neither does she want a Divorce and has said that she will not let me meet my child ever.


My parents were the ones who have raised my child since his birth. What can I now do to get the custody of my child? Can my parents claim for my child custody as they brought him up?


Can custody filed without Divorce?


  • ans


    Firstly, No, your parents cannot file for child custody, as under the the Hindu Minority and Guardianship Act, the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property in the case of a boy or unmarried girl is the father, and after him, the mother. 


    It is provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Therefore the custody petition can be filed by either the father or the mother only. 


    As you have mentioned that your son is 4 years old, it will be difficult for you to get sole custody, however the court can grant you joint custody or visitation rights depending upon the facts of your case and the grounds mentioned in your petition. The court can take an exceptional view if it can be proved that if the mother is granted the custody, it shall have a negative effect on the child and that the custody should be granted to you.


    Yes a petition for custody for the child can be filed even without a divorce.


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