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To ensure that my girl child is not completely taken away from me
25-Mar-2025 (In Divorce Law)
Hi,
We got divorced in mutually in 2023. I was forced to agree to terms of mutual divorce due to FIR in 498A. I was in Gurgaon at that time now in Delhi. Additional cases of Divorce, Maintenance were in karnal court. Now my ex wife is getting remarried. How can I get my girl child of almost 8 years with me? I had to reluctantly agree that I will not ask for child custody in future at time of divorce. B) No visitation rights mentioned in decree though I am meeting my child twice a month.
you can file custody under the guardianship act; your parents will become the petitioner. they will seek custody of children. in the guardianship act the paramount consideration of welfare of child .it doesnt matter what terms you get divorce
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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You can still file a custody petition under section 7 despite condition in mutual divorce. since your wife is remarrying you can argue for change in circumstances. If full custody is a problem then you can at least achieve joint custody.
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Adv. Vinay Redhu
Delhi | 200+ Answers
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Dear Client
Recently. The Supreme Court reinforced that divorce child custody laws do not penalize a parent for remarrying, with the focus remaining on the ability of the custodial parent to provide a secure, loving, and supportive environment and The Supreme Court of India clarified that remarriage alone is not a sufficient reason to alter custody arrangements, emphasizing that custody decisions should prioritize the child's well-being. However, a case will e to be made out keeping in view the interest of the Child.
Please feel free to get in touch for further discussion.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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In child custody case the main focus while deciding the case is the paramountcy of the welfare of the child. If you can draw up a strategy to show clearly that the child's welfare lies with you and not with the other party you may succeed in getting the custody of your daughter. If required you may opt for a detailed consultation in this regard.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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