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Procedure for child custody in case wife has left matrimonial home.


12-Nov-2023 (In Family Law)
Hi I am Hindu. My wife left matrimonial home along with 7 month old girl. She has taken transfer without my consent as she is in SBI. At present infant baby is being looked after by maid in a rented place. Can I claim custody as I have permanent residance and my mother live with me.?
Answers (1)

Answer #1
990 votes
Firstly you will have to file a petition under section 26 of Hindu Marriage Act claiming the custody of your child. Generally, in custody cases the court rules in favour of women. However, the most important factor is the best interest of the child. As you say that in your case, you have a permanent residence and you along with your mother could personally take care of the child instead of hiring a maid, the court can rule in your favour seeing the best interest of the child.
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