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Custody of son as my wife is not living with me


05-Jan-2023 (In Divorce Law)
My wife has left my home and is staying at her parents house from last 48 days along with my daughter- 17 years old and one son- 4 years old and 15 days before she came along with her father, brother and uncle and taken away my son forcebally by doing fighting with me as I am alone in my home. I have no one to support me. I informed the police as well on the same day and my MLC also has been done. But till now police has taken no action against them. So now my question is- Can I get my son custody from court as my son also dosen't love them and he loves me. Because they have taken my son by attacking me or kidnapped him. Please help me in this issue. Because I don't want to spoil my son's life.
Answers (3)

Answer #1
674 votes
Yes you can file for custody of your son.. you will have to prove that you can give a better bringing up to your child educational, financial as well as moral.. also you can file for divorce. file for a custody under the guardians and wards act 1890 or under the Hindu laws section 26
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Advocate Bhawani Gupta

Adv. Bhawani Gupta

LawRato Delhi | 50+ Answers
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Answer #2
747 votes
hello client as i can see you issue is really seems to be genuine case yes in ur casr proper action will be taken by the authorities . the case you have described seems to be a fit case for habeous corpua in high court so high court can directly order by interfearing in your matter and ur child custody will be orderd by the high court itself.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
935 votes
you can file a case seeking custody of your child under guardianship act. you can also have visitation right to meet your son. no one can deny you this legal right. this is your basic right. file a case in district court.
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Advocate Rajinder Pal Singh

Adv. Rajinder Pal Singh

LawRatoDelhi | 200+ Answers
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