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Custody of 1 and a half year old child

(Querist) 07 September 2016 This query is : Resolved 
Sir I have an estranged relation with my husband he abuses me and my parents Our marriage was solemized as per Hindu rites I left his home and I am living with my parents and I have a 1.5 year old son who is living with me
Sir I wish to get his custody
Some people were suggesting me that you cannot get custody without filing for divorce or judicial separation as there can be no separate suit for custody
Sir under which Act should I go for custody Hindu marriage act Hindu minority and guardianship act
I do not wish to give him divorce kindly help
Devajyoti Barman (Expert) 07 September 2016
I am not sure why are you bothered about his custody when he is already lying with you.
One need not file a suit for custody at all when he/she is enjoying physical custody of the child .
It is your husband who should be bothered about filing such suit.
Kunal Shah (Expert) 07 September 2016
Yes you have physical custody then why are you worried
Rajendra K Goyal (Expert) 08 September 2016
Agree with the expert Devajyoti Barman.
Raj Kumar Makkad (Expert) 09 September 2016
Don't go by the rumors or half-heard advice of people.

None is going to snatch your kid out of your safe laps.


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