Procedure to take child custody if husband threatens to take divorce


My hasband want diveorce after 10 year of marrage & want my 7 year child custady to my hasband bt they dont give me my child even he is not allow to talk to him so what i do

Answers (2)


340 votes

If you both are mutually decided to get divorce then you must mutually decide to get the custody of child
If the divorce petition is not mutual then you can file a petition under guardianship act for the custody of your son

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57 votes

You can file application simply under section 97 of CrPC. If he he had unlawfully detained. But if kid wants to live with father even after that you can claim parental custody. He can't detain him. If child can't leave without you, in such situation court will allow custody to you and he will get parental visit.

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