Legal procedure to get custody of child who is 11 years old

I am a Hindu and married a Muslim. I have not signed any divorce papers but not living with husband for past 4 years. My daughter is staying with my husband and I have not seen her since separation. She is 11 years old now. Can I file a custody case now?

Answers (2)

241 votes

Yes, you can file a case to keep your child with you, and if you have been divorced, you can also make a case for taking your child with your spouse and not till the child's age is 7 years old. Till then, it is considered to be safe with his mother, so the child's wish is not asked, but if the age is more than 7 years then the child can go to his mother or his father at his will.

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52 votes

In your case you should file a case for a divorce and also for a custody of your daugter, for proper suggestion please provide a more detail reagrding your case such as u marriage was court marriage under special marriage or not.

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