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procedure to take child custody from wife who have already left home
16-Apr-2023 (In Child Custody Law)
Filed divorce petition on cruelty on 25.3.17. Wife had left with child one year old on 20.3.17 after quarrelling. Case listed for notice etc.on 16th july. Now wife wanted to hand over child. What is the procedure for that.
The procedure for custody are:
1. If there is a pending divorce petition in the family court then, the Judge has the right to decide on the right to custody in the divorce proceeding only. Both parties need to submit their claims/denial for the custody rights via affidavit. In this affidavit since you want the custody and your wife wants to surrender her right to permanent custody need to sit together with your lawyers and file a single affidavit on terms of custody.
2. You can also move a separate petition under Guardian and Wards act.
Do consult if required.
1. If there is a pending divorce petition in the family court then, the Judge has the right to decide on the right to custody in the divorce proceeding only. Both parties need to submit their claims/denial for the custody rights via affidavit. In this affidavit since you want the custody and your wife wants to surrender her right to permanent custody need to sit together with your lawyers and file a single affidavit on terms of custody.
2. You can also move a separate petition under Guardian and Wards act.
Do consult if required.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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