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child custody issue related query- pls advise


22-Nov-2023 (In Divorce Law)
My son is now 11 yrs old, staying with his mother. wife separated since 7 yrs without any valid reason and filed maintenance u/s crpc125 after 4 months of separation. I started paying maintenance now in installment as the pending amount is huge, she has mentioned in her crpc125 petition about her poor condition and inability to maintain child. she is not working. Shall I file child custody case under GWA, ? if I file the case whether any chance of more financial burden on me, i mean whether court will pass any additional maintenance order ? What about jurisdiction of filing GW case ? Can i file in my hometown, as the same address mentioned in son's birth certificate.
Answers (2)

Answer #1
701 votes
Hon'ble Supreme court held in number of judgements at the time of Custody of a child, the welfare of child is the paramount consideration. You need to take proper steps in guidence of lawyer. You will get the custody of your child in my view.
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Advocate Rohit Nandan Pandey

Adv. Rohit Nandan Pandey

LawRato Allahabad | 50+ Answers
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Answer #2
981 votes
yes you can file a guardian ward act... and ask for the custody of the child you can tell that since you do not earn enough money you can keep the child with you and save money if he lives with you. because if the child is living with the mother he will be burden with expenses of other household
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Advocate Uzma Afsar

Adv. Uzma Afsar

LawRatoLucknow | 50+ Answers
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