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How to ensure that I get the child custody


16-Sep-2023 (In Family Law)
Sir my wife has left us as we r living in Gujarat she ran away with his brother by cheating and afterwards we file case under sec8 and after so many months she filed case DV case there and not come on compromise she kept a child not allowing to talk with my parents or me at that time request of my advocate we got a chance to meet and she is telling court is favour ladeis she will as Iam a working teacher Iam not getting chance to attend the case as family court pass order to stay with ur husband she is not coming what to do
Answers (2)

Answer #1
559 votes
as per my belief you should consider for settling issues amicably with the help of family welfare committee and if any amicable settlement is not reached file for judicial separation and you have very strong grounds to get divorce as your wife ran away and has caused so many hardships, harassment and cruelty to you.
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Answer #2
774 votes
With respect to custody of children you can file for Section 26 under Hindu Marriage Act, 1955 before the Family Court. You need to satisfy the court that you are in a better position to look after the child.

The childs custody goes to the mother if below 5 years under the guardianship act.

Need more details for the DV Case. Demands?

Thank you
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