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custody of child

(Querist) 19 June 2015 This query is : Resolved 
Sir,
I have 2 children aarav 6 years old and virat 3 years old. I hv filed case in women cell against domestic violence. Now till now there is no solution to our problem. My one child aarav is with my husband and he is not ready to give him. Can I get his custody before the case is further filed in court. If yes, then by wht means. Or should I opt for filing the case for custody in case there is no settlement. Please help me out.
I shall be very thankful to you.
Advocate M.Bhadra (Expert) 19 June 2015
For fast relief lodge a complaint to the police for confinement of child and file a case in Judicial Magistrate Court u/sec.97 Cr.P.C. for Search Warrant. Failing which you can file a Suit under Wards and Guardian Act in Family or District Judges Court for custody of your child.

Devajyoti Barman (Expert) 20 June 2015
In the pending domestic violence case only you can pray for custody of child only.
Rajendra K Goyal (Expert) 20 June 2015
Prey the court for custody of the child.


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