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Is custody of 5 years old son given to father


26-May-2023 (In Child Custody Law)
Is son's custody only given to father after the age of 5yrs. Under what circumstances is mother given the custody. How to ensure that mother gets the custody of son. My husband keeps threatening me of divorce and taking my son away from me. I am fed up of hearing this everyday.But I donot want to lose my son. I am working and capable of taking care of son. I want him to be under proper care and loving environment. This continuous harassment from my mother in law and husband is increasing day by day. Please suggest
Answers (1)

Answer #1
361 votes
You shall also need to file a petition for the custody of the children if you wish to retain the same. The Hindu Minority and Guardianship Act states that 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, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. 

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