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Infant custody by father in case of wife denying to come back to husba


08-Aug-2026 (In Divorce Law)
If wife is not ready to come back to husband after 6 months of delivery, can husband file for child custody?
Answers (5)

Answer #1
979 votes
It is advisable to first issue a legal notice requesting the wife to resume cohabitation and permitting reasonable access to the child. If she refuses, the father may approach the Family Court for appropriate custody/visitation relief.
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Advocate Ravindra Anjaneyulu

Adv. Ravindra Anjaneyulu

LawRatoAnantapur | 5+ Answers
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Answer #2
576 votes
Yes. A father can seek custody or visitation even if the wife has not returned after childbirth. However, custody is decided based on the best interests and welfare of the child, not merely on the period of separation. For a six-month-old infant, the court will generally consider the child's age, care needs, bonding, and the circumstances of both parents. The father may seek appropriate interim visitation and, where justified, custody. For detailed legal advice and representation, you may contact us through our LawRato profile.
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Advocate Mrudhula Jahnavi

Adv. Mrudhula Jahnavi

LawRatoSerilingampally | 200+ Answers
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Answer #3
507 votes
The husband may seek custody or visitation through the competent Family Court, but custody is not granted merely because the wife refuses to return. The Court’s paramount consideration is the child’s welfare. For a child below 5 years, custody ordinarily remains with the mother, unless circumstances demonstrate that the child’s welfare requires otherwise. The facts, age of the child, parental conduct, care arrangements and overall welfare must therefore be examined before seeking appropriate relief.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRatoGuntur | 400+ Answers
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Answer #4
530 votes
Husband can file child custody but the child ie infant will be with mother but the father of the child can get full visiting rights to see the child Rest depends on the parents ie wife and husband mental and physical ability to take of the child Then the court will decide in some optional cases
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Advocate Gunturu Satya Sridevi

Adv. Gunturu Satya Sridevi

LawRatoHyderabad | 50+ Answers
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Answer #5
622 votes
yes husband can file study petition before the family court of his local area court or rather family court, if he is able to appoint a good lawyer it is ok, otherwise he can take the help of free lawyer, provided by the government
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Advocate Moizuddin Ali Ahmed

Adv. Moizuddin Ali Ahmed

LawRatoHyderabad | 25+ Answers
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