Procedure to get child custody without divorce

984 votes

File a judicial separation case. It is filed on similar grounds on which Divorce is filed. Court can grant judicial separation for about 2 years. Your relation with each other will still remain as husband and wife. Only we have to mention the reasons why you want to live separate. As regard custody of child, mother has a privilege under law to retain custody of every child below 5 years of age. You need to file case for seeking custody of child.

Advocate Harminder Syal LawRato

559 votes

You have to apply to the court to get the custody of the child in that event court will fix time to meet child and the case will be further proceeded. Generally the custody of the child upto the age of five remain with the mother . After evidence the court will decide to whom the custody of the child paramount consideration is welfare of the child who can look after the child in better way so go ahead file tje applications for custody of the child the application will be filed in the court where child resides don't file a case at the wrong place in that event after so much exercise the case will be dismissed for want of jurisdiction

Advocate Kanwarjit Singh Pruthi LawRato

683 votes

Dear there is no need to get divorce, file a case of legal separation on the grounds of cruelty or whatever has happened with you, and start staying separate after that you can file a case of child custody, there is no issues, what you have to stay separate

Advocate J.C. Kaushal LawRato

555 votes

If you don't want to get divorce from your spouse, then you can file petition for judicial separation under Hindu marriage act. If your child is in custody of your husband, then you will have to claim custody through court.

Advocate Sandeep Kumar Bawa LawRato

193 votes

Obtaining child custody without going through a divorce in India is possible through legal processes. Here are the steps and considerations:

1. Judicial Separation: One way to seek child custody without divorce is by filing a judicial separation case. This is similar to a divorce but doesn't end the marriage. The court can grant judicial separation for up to two years, during which you can request custody of your child. However, the child's best interests will be a significant factor in the court's decision.
2. Legal Consultation: Consult with a family lawyer who specializes in child custody cases. They can guide you through the legal process and help you build a strong case.
3. Child's Best Interests: The court's primary consideration is the welfare of the child. Ensure you can provide a stable and nurturing environment for the child.
4. Visitation Rights: In cases where you don't have primary custody, you can seek visitation rights to maintain a relationship with your child.
5. Mediation: Mediation can be an option to reach an agreement with your spouse regarding child custody without going to court.
6. Documentation: Gather evidence that supports your claim for child custody. This may include financial stability, your relationship with the child, and a safe living environment.
7. Legal Provisions: Familiarize yourself with child custody laws in India. It's important to understand your rights and responsibilities.
8. Court Proceedings: Prepare for court proceedings if an agreement cannot be reached through mediation. The court will consider all factors before making a decision.

Advocate Chikirsha Mohanty LawRato

434 votes

You can get custody of your child without divorcing. In the event that your spouse wants to divorce you but you do not, you may file a Petition for Judicial Separation and then, if you have separated, you may file a Petition for Child Custody for child custody if you were married.

Advocate Chikirsha Mohanty LawRato