Procedure to claim child custody as husband filed for divorce

513 votes

Under the hindu minority and guardianship acg 1956, the custody of all children below the age of 5 years is given to the mother
Cases of child custody are treated on an individual case by case basis, thanks

Advocate Devashish Maharishi LawRato

889 votes

The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him, a guardianship case will have to be filed in the family court seeking relief of declaration of morher as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts.Normally the custody of child of upto 5 years of age is with the mother and in the present case also the girl child being only 7 years of age ,the Court will most probably grant custody of girl child to mother .As the proceedings may take time and the girl child is in custody of father,a prayer for visitation rights of the child to the house of mother can be made for holidays and in vacations as an interim measure till the case is finally decided so that the girl child is not deprived of company of mother during pendency of the case .If custody is granted to the mother ,father will get visitation rights on terms fixed by the Court .

Advocate Rajiv Mehta LawRato

657 votes

You have to file petition for seeking custody under HMA before the family court by disclosing the grounds in support of your claim of customers child. Generally the custody of minor girl child is given to the mother, but overall benefit of the child is the main point of consideration.

Advocate Vivek Bharadwaj LawRato