Child custody matter- mother wants permanent custody

Question

Child custody matter- mother wants permanent custody

29-Jul-2023 (In Divorce Law)

Hi, I am a mother of 10 years old girl. I am living separately from my husband from past 2 months. For lawful custody of my child, which cases can I file? Is case under guardianship act be filed?nI want court order for permanent custody.Thanks

Answers (5)

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Adv. Anupama Sharma Adv. Anupama Sharma

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Advocate Nihaarika Jauhari LawRato · Accepted Answer · 2022-07-29T16:06:09+05:30

Answer #2

Greetings for the day! Yes, you will have to file for a guardianship under the guardianship and ward act, 1890. As per Section 6 of the Hindu minority and guardianship act, 1956, the father is the natural guardian and after him, the mother. For any further assisted feel free to connect.

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Advocate Kunal Seth LawRato · Accepted Answer · 2022-07-29T17:24:19+05:30

Answer #3

A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody. Notably, in child custody cases non-custodial parent seeks the custody/guardianship of the minor child. Such petition usually takes longer time and thus application for Interim or Temporary custody as well as Visitation Rights can also filed by the Non-custodial parent.

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Advocate Jia Kapur LawRato · Accepted Answer · 2022-07-30T01:07:01+05:30

Answer #4

If you a are Hindu and the solemnisation of the marriage was according to Hindu laws, then you will have to file a petition under Sec 26 of the Hindu marriage act, 1955 for the child custody. The court grants the custody of the child after scrutinising various parameters like welfare of child, wish-fullness of the child etc. For any further legal assistance please feel free to contact.

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Advocate D. Khan LawRato · Accepted Answer · 2022-07-30T13:48:39+05:30

Answer #5

If you belong to Hindu religion then u have four options to file the custody case as under :- Secular Act :- 1. The Guardians and Wards Act, 1890 2. Protection of Women from Domestic Violence Act, 2005 (only Temporary custody) 3. The HMA, 1955 4. Hindu Adoptions & Maintenance Act, 1956 However, do proper home work before filing the case n b in touch to understand the details!

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