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(Guest)

Girl child custody for father

we have one girl child 4 years, and my husband is filing child custody case. divorce case is still in progress, and other cases 498A,125, RCR in progress. he is very upset wtih 498a and challenging to take the child from me. girl is attached to dad also. is it possible for him to take custody of child? how long this case will take for closure?



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 4 Replies

saravanan s (legal advisor)     25 February 2016

Till the child is five years of age the custody of the child compulsorily lies with the mother only.beyond that the childs wish and welfare will be considered by the court and accordingly custody will be given

Vijay Raj Mahajan (Advocate)     26 February 2016

Welfare of the child is paramount consideration that court has to take in to account while deciding the issue of child custody. Even if the physical custody of the minor child assigned to one parent the other parent will get visitation right. The age of minor less than 5 years is usually given to mother but necessarily if the welfare of the child is more with the father this rule may not apply. rightly said By Ms Renuka, you guys are out in a long fought battle in the court will lead you nowhere and the only person who suffers will be your minor child, just sometime back I was in the Family Court, where the Judge was exactly pointing out this point only to one couple that they are both playing with the life of their two daughters in the manner they are fighting amongst themselves and in the end both their daughters will be hating both of them.

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SAINATH DEVALLA (LEGAL CONSULTANT)     26 February 2016

I support the suggestions of the above legal experts.,

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 February 2016

Till the age of 5 years the child shall be vested with the mother , since she is the natural guardian .
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