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)

208 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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

70 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.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Child Custody Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

My wife left during delivery she is not willing to come she left one daughter with me she is with me she is 4.2 yr old last year from may my elder dau…

Read More

Hi! My self Dr Anwesh...need ur valuable advice in child elder brother having 4yr boy from a lady , documentaly they r not married ,broth…

Read More

Hi, After I filed for child custody of my daughter 2.5 years old in the Madras HC, I filed 2 applications along with the Original Petition. They filed…

Read More

I am a single mother living seperately, not yet legally divorced. i have a minor daughter, i want to make my friend as her legal gaurdian. I do have h…

Read More