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Child half custody required for child born out of wedlock


27-Sep-2024 (In Divorce Law)
Hello, I have a query. I want to understand the Indian law that if a father is authorised to claim half custody of a child who is born to him out of wedlock. The mother takes the child and is not willing to let the father meet the child. Please let me know. Regards Divya
Answers (3)

Answer #1
592 votes
Laws are not clear on this issue. But based on observations of Indian Higher courts a father (even if he is only a biological father and not married to its mother ) but cannot take away a tender child.
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Answer #2
562 votes
Hello, Father being biological father is having right to seek for custody of child if child is with mother and same case and meanwhile he will gets visitation right of child till the case of custody being decided. For that father has to approach court of law.
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Answer #3
637 votes
Dear Sir, If there is Court order for registration rights in favour of father then he can execute the same with the help of police and also it amounts to contempt of court. But it is practically not possible because the child may say that he is not interested to meet with father. In such circumstances it is very hard to execute such orders practically.
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