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Bhojraj Baral (Advocate)     22 January 2011

custody

A husband filed for divorce against his wife which was granted ex-parte from family court Bandra at Mumbai. But there was no mention of Issue being a child which at the time of divorce was staying with the wife at her fathers house. The husband then remarried and in the mean time his ex-wife expired due to some illness. Now the Husband though remarried wants custody  of the child from his previous wifes mother and father. The child is now above 5 years.

In this case What should be done ? whether to approach the family court for custody or to file a petition in the high court for custody.

Help me out with appropriate enactments and judgements....!



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 January 2011

File a petition for custody under the Guardian and Wards Act in the family court.

ADV Rajesh KASRIJA (ADVOCATE)     23 January 2011

Father is Natural guardian if mother is died then father can go to court for  custody of child but if he is understanding age then court will ask the child for  his wish


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