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custody of child age 6 years .they are with mother right now .........


02-Feb-2023 (In Family Law)
Dear Sir, I am mother of twine child one boy and girl 6 year old.10 jan 2018 i am separate from my husband and file case of maintains and in may 2018 he files divorce case .Now jan 2019 he file custody case for child on me and which first date will be in feb 2019. I need to know about rule and age of child.what is the process .i dnt want to give my child any of them.i am working and living separately with my kids .. how i can be fight for this.
Answers (2)

Answer #1
973 votes
The Hon’ble Supreme Court and other courts in India have reiterated time and again that in the proceedings for custody of a minor, the welfare of the minor is the only consideration, irrespective of the claims of the parties to the custody. The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them. For further consultancy and legal services you may contact us.
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Answer #2
997 votes
you will have to contest the case on merits and the court will see the welfare of children. however custody of girl child normally be given to the mother and custody of boy till 5 year is also be given to the mother and after that welfare of child is given utmost importance. for better advice you need to personally come to my office with all the relevant documents.
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