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Child is with wife and wife wants divorce.


27-Oct-2023 (In Family Law)
Wife is having our child with her and she now wants to get divorce. Child is 6 months old. What cases can I file against wife to get back the child?
Answers (3)

Answer #1
518 votes
you can file restitution for conjugal rights to make your wife and baby to come and be with you like before if you want child than you can go for visitation rights or permanent custody of child so that you will get the orders
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Answer #2
772 votes
Dear Sir, You must find out the reason why she want divorce from you. Ordinarily child custody cannot be given to father if the child is below 3 years. You can get child if your wife leading adultery life. You must establish all these facts and approach the Court with suitable evidence.
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Answer #3
727 votes
If the child is of 6 months u cannot get the custody of the child u will get only the visiting rights to see the child weekly or once in a month u have to file a case u/s 9 of the Hindu Marriage Act to come and join u to perform the marital relationship
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