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Divorce and custody of my daughter


03-Aug-2025 (In Divorce Law)
I am a house wife 41yrs with one daughter 9yrs old. My husband went abroad after 2 yrs of our marriage and came back only after 6yrs. He is not doing anything now and is always at home. He is illtreating me and we are having arguments and fights almost daily. I want to get separated but he is threatening to take my daughter away with him. Please advise whether he can do that if we get divorced(contested).
Answers (3)

Answer #1
896 votes
No. He cant take away you child without your consent. Firstly you have to obtain an injunction order from damily court rrstraining your huzband from forcefully taking away your child from your custody
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Advocate Ahammed Faisal

Adv. Ahammed Faisal

LawRato Thrissur | 100+ Answers
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Answer #2
614 votes
you can file applications to get an order of permanent prohibitory injuction from taking away your child before the concerned family court. you can also file applications to appoint yourself as the guardian of the child
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Advocate Smruthi T R

Adv. Smruthi T R

LawRatoErnakulam | 25+ Answers
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Answer #3
894 votes
Allmost the right of child vested in you if you both are agreed to divorce and file a petition for divorce by mutal consent and there is any dispute regarding the children custody The court will decide and There is most probably child custody vested in mother. only under exceptional circumstances the court give the custody to father
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Advocate Akash G

Adv. Akash G

LawRatoTrivandrum / Thiruvananthapuram | 25+ Answers
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