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I want to take legal custody of my child. How can proceed legally ?


28-Nov-2023 (In Child Custody Law)

Hello ,my husband is not live with me last 7 month, he is missing and our marriage also not registered in court. I have a daughter 8 years. I m working woman now i want totally take custody of my child in under what is the process ???

Answers (3)

Answer #1
780 votes
One can apply under guardian and wards act sec.25 before the concerned court within whose jurisdiction the child resides. Grounds for application must be in welfare of the child and one shall also be able to get the custody if it is proved that the spouse in whose custody the child is not taking proper care if the child
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Advocate Narendra Ramnani

Adv. Narendra Ramnani

LawRato Ahmedabad | 25+ Answers
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Answer #2
815 votes
If your husband is missing with whom your daughter is? Anyway you may file a petition under Gurdian and Wards Act seeking custody of the minor child. The court would summon the person at present having the custody and decide your petition based upon facts presented before it keeping in view primarily the interest of the minor child
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Advocate Pravin Sharma

Adv. Pravin Sharma

LawRatoDelhi | 5+ Answers
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Answer #3
529 votes
You can file a petition under The Guardian & Wards Act, 1890 to seek custody of your children before the appropriate court of law. You can file a petition under The Guardian & Wards Act, 1890 to seek custody of your children before the appropriate court of law.
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