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I am married since last 8 years and having child (daughter) age 5.5 years. As instigated by my wife


27-Feb-2023 (In Divorce Law)
I am married since last 8 years and having child (daughter) age 5.5 years. As instigated by my wife mother, wife has filed false 498a and 406 against me. She is currently living in her parent home from last 5 month. I have filed section 9 to bring her back and also tried to settle the matter amicably but it seems my wife mother do not want to continue this relation and in counter my wife filed divorce case and interim maintenance under special marriage act 1954. (court did not order any interim maintenance yet as proceeding are in progress). I am regularly paying maintenance to my child since she left to her parent home without any court order but it seems my wife family is greedy. nQuestion: Wife is not allowing me to meet with my child. Do I need to file a separate case of child custody and visitation under 'guardian and wards act' OR I can put application on her divorce case for child visitation?
Answers (2)

Answer #1
993 votes
First and forthmost we would advise you to seek a detailed legal consultation for your ongoing litigation and legal issues with Regards to the divorce and child custody. So far as custody of the child is concerned you can file a separate petition. However an application an also be filed in a divorce and domestic violence case
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Answer #2
620 votes
You get a separate petition filed in this regard (your query) and get custody of the child through a court order. Kindly follow that whatever is prayed from the concerned court, the very same court allows only what is prayed from the court, therefore, you should nt ask for child custody in the divorce case.
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