Procedure to file for child custody as wife went away with the child.


I have to married a Christian girl 5 years ago .we had 2 children 4.5 years daughter and 6 months son .after delivery she went to her home.i have spent the full expenses of delivery &her sisters marriage i give to 10k rs &then my child nool kett function full expenses spent .she was no worry about our childs She dont allow to see my children.without divorce i want to my children for sole custody or joint custody not only an visitation rights.iam a hindu Marriage is done on hindu marriage.marriage not registerd

Answers (3)


72 votes

The posting confuses material facts with emotions and sentiments. The reliefs you are seeking requires that family court be moved ......................................................................


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313 votes

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’.
The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute
You have the right to seek the custody of your child by filing a case for child custody in the court. Since your wife took the child away without your permission you can even move the High Court for her release.,
WELAFRE OF THE CHILD.
Important factors, amongst other, which are considered by the Court in awarding custody are:
a. Education of the father
b. Education of the Mother
c. Family background of the Husband which includes financial and educational background.
d. Family background of the Wife
e. Financial Background of the Husband and Wife
f. Wishes of the minor
g. Better chances of overall development of personality of child.
h. Conduct of the parties

Registration of marriage is a mode of proof of marriage. Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under The Special Marriage Act, 1954.

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269 votes

Dear Client, Just file a " G.O.P" in the jurisdiction where the child now resides, along with an application for visitationa and interaction rights. An Advocate can help you, for this Regards Adv.Sachin

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