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Custody of a 7 yr old girl child


31-Aug-2023 (In Family Law)
Whether custody of a 7 year old girl living with her mother since birth would remain with the mother who is seperated from her husband since birth of her daughter though they are not divorced nor legally seperated under any court order. the mother is employed but the father is not. the father has not shown any interest to his wife and his daughter except for last 2 months since when he wants his wife and daughter to go back and live with him. he is denying divorce to his wife.
Answers (2)

Answer #1
581 votes
yes if the girl child expresses her desire to stay with her mother then in this case everything seems to be in favour of the mother in retaining the custody of the daughter. the fact that no divorce or judicial separation has taken place do not bar the mother in making an interim application for custody of the child. Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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Answer #2
651 votes
My advice File a divorce and don’t wait 7 years to do it and one more thing who will not want his earning wife to take care of him , when he himself is jobless or we should say doesn’t want to do any job per se… kindly contact me… will definitely be able to get you a divorce… we are good at that … kindly check my profile too
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Advocate Rahul Uday Singh

Adv. Rahul Uday Singh

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