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What is he process for filing child custody case?
07-Oct-2023 (In Child Custody Law)
Child at present living with father n mother in same house. Can custody be filed by father when the child is still living with both mother and father in anticipation of marriage breakdown and wife walking away with the child n not coming back? Mother has done this before and stayed away with the child for 6 months at her parents house. Someone told me that one cannot file child custody case when the child is staying with you at present? Will the application for child custody be dismissed by the court if a father files it in this situation.
Section 6 in The Hindu Minority and Guardianship Act, 1956 - Yes, you can file for custody even before the actual divorce takes place. However Indian Courts, being extremely sensitive to the best interests of the child, may decide to adjudicate on this matter only after the divorce takes place.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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