Procedure and limitation to file for custody of daughter from husband

In Child Custody Law
I file 125 & domestic violence case in court only. I didn't file any case in police station.. For last 2 times I m getting next date only. My 6 year old daughter is with him from last 6 month. He don't allowed to meet her. I have doubts he wash her mind too. I want to meet my daughter.. Any advice for it pls..? When I can file her custody case..? I mention about my daughter in domestic case. My lawyer is advice me to wait till domestic case date answer.. What step should I take..? Ur advice may help me a lot...

Answers (3)

98 votes

You can file interim application in your DV case itself for visitation and custody. You can file custody case anytime before the Hon'ble court under Guardian and ward act. It is advisable you should try in your DV application itself.

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102 votes

There is a provision under section 21 of the Protection of Women From Domestic Violence Act, 2005 whereby woman can get the custody of child as interim as well as final custody of the child. and therefore you should file such application in the domestic complaint without wasting anytime. I got one such order in the high court which will be very useful for you. pls gothough it. its Special Criminal Application No. 557 of 2011, order dated 10.01.2012 passed by justice M R Shah j.

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195 votes

You can go to women police station and submit application there. The police will help you to meet your daughter and you can file 498 A case against your Husband and in laws. Request police to call your daughter at police station . You can meet her and the police will intervene and can ask your husband to allowed you to meet your daughter.

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