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Procedure to file for girl child's custody by wife as husband denies


19-May-2023 (In Child Custody Law)
I have a daughter of 5.5 years and my husband left my matrimonial house with my daughter and asking for divorce and not ready to give legal custody. My in laws have disowned my husband so that I can't ask for any maintenance. I cant live with my daughter. It's been 6 yrs I got married and my in laws with my husband have done civil suit against me and my parents so that I cannot enter the matrimonial house. My all belongings are at matrimonial house and they have created evidences forcefully without my knowledge though camera's and recording. Is there any chance I will get legal custody of my daughter and what is required to file here.
Answers (2)

Answer #1
966 votes
You can file the case of mental cruelty and domestic violence agast your husban and in-laws. The mother's custody is favourable for minor daughter. You can file the legal custody case. You can also ask for interim maintenance from court.

Answer #2
753 votes
Yes, you can file an application under section 12 of protection of women against domestic violence act and get restore yourself back in your matrimonial house.
you can file a petition under section 25 of guardians and wards act and get custody of your minor daughter back. You are the natural guardian of the minor daughter and would get her custody.

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