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Wants child's custody & wife remarries without divorce
19-Jan-2023 (In Child Custody Law)
Sir I live in MATHURA. My wife from raiganj. Last two years she live in raiganj with my 4.8 year son RCR PASSED IN MY FAVOR. but she will not come back. Now information come that she remarry other persons but I have no evidence. My main aim is I want to get back my son. Her family person like a criminal type person. Now I what can do with leagle way. Please help....
Its very difficult to get back your child at present as your son is less than 7 years old because as per The Hindu Minority and Guardianship Act the natural guardian of the child is his mother. But you may try to get the custody by filing a petition before The Learned District Judge and satisfying the Court that it is for the benefit of the child.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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The age of your boy is below 5 years and Ld. Court can't pass Order in favour of you. Therefore, for alternative suggession please meet any Ld. Lawyer personally, who can give you proper solution. But before quit I tell you that there is another alternate way by which you may take your son after few steps and after institution Suit before the Ld. District Judge. So immediate talk with any Ld. Advocate for that particular way.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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