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I have evidence of a phone call of my husband


07-Jul-2023 (In Divorce Law)
My son is 6 month old i have recorded evidence of a call recording in which my husband is saying he will not take the custody of the child he will deny in court.will it help in court while custody case when my husband will file for it
Answers (5)

Answer #1
828 votes
First of all even if he files for custodian rights of your child the court will never handover the custody of the child to him because it will be violative of section 6 Hindu Minority and Guardianship Act in which it's clearly written that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. He's not yet the natural guardian of a child. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
681 votes
Yes, it can be considered. However phone recording are considered as secondary evidence and primary would be the conduct of your husband in court and the other allegations which you can prove based upon circumstances. In the case of custody the court needs to be satisfied only on one ground that is the welfare of the child. For any further clarification feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #3
666 votes
Well, law is settled in that aspect. The court will probably not give the custody of your child till he/she attains the age of 5 years. Even after that he would need strong grounds to show to the court that you are incapable of maintaining your child and your company will be detrimental to the well-being of your kid. For more information, you may consult me.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #4
949 votes
ya it might help but not completely ,he may change his stance depends on earlier statements n orders u can show rest of the proceedings to further help u in reaching to a conclusion to help u in legal advice or what should be your take n action .Thanks
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Advocate Anita Sharoha

Adv. Anita Sharoha

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Answer #5
844 votes
In default circumstances the child upto the age of 5 years will always remain with your mother, if she is sound mind & can take care of child ! Still you need to hire expert advocate for guidance ! Kindly b in touch
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Advocate D. Khan

Adv. D. Khan

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