Custody of Child

Querist : Anonymous (Querist) 27 July 2010 This query is : Resolved
Wife filed for maintenance.
Husband filed for divorce. also an application for custody of child.

Court take both for common trial and separate judgments were passed.

in application for custody, no finding was given and the only reason given is - since the main O P is decided, this petition is dismissed?

Where can i redress my grievance?

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Guest (Expert) 27 July 2010
You have to file a petition under Hindu Minority & Guardianship Act, 1956.

s.subramanian (Expert) 27 July 2010
yes. i agree with rabhakar.

Querist : Anonymous (Querist) 27 July 2010
why cannot court order in the OP itself as the said application is filed under the said rules

Guest (Expert) 28 July 2010
The original divorce petition is dismissed thereby the court upholds that both husband and wife have to live together. Then, where is the question of custody of the child?

Querist : Anonymous (Querist) 31 July 2010
main OP is decided in giving divorce to husband.

Guest (Expert) 31 July 2010
Then it is the duty of the court to decide the application under S.26 of the Act. Move an application praying to decide the custody application on merits.

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