Baby custody

Till the age of five, the custody of the child is ordinarily given to the mother.

Any thing more? 

yes but after 5 years he can claim my baby then at that time how can i save my baby.my ex husband was not a nice person so not gud for my baby.

@ author,

You have separated from your EX., physically, emotionally and etc., though not legally. I don't know whether customary divorce prevails in your community or not. Anyhow EX., married another woman.

Regarding child natural father will have right over the child. Though he claims for custody of child, he may get only visitation rights.  As  Archanaji  already said 

'Till the age of five, the custody of the child is ordinarily given to the mother'

after that it depends upon the with of the child whether he wants to be with his mother or father. During visitation period the father may allure the child with gifts and false promises and try to attract the child, if he has real love or to avoid maintenance and other. 

No fool will take extra burden of taking custody of child except his second  wife is barren. or you are living in others company.  Anyhow you can protest his ill motive of escaping the child maintenance. Nothing to worry be happy with your child, he can't be separated from you expect or proof that you are living with some others company.  

It is always to be considered  that the welfare of child than anything else..

Good luck.

Ms. Dipti Giri,

The law says that till the child attains the age of five the custody will be with the mother.  IT DOES NOT MEAN THAT AFTER THE CHILD ATTAINS THE AGE OF FIVE, IT (EITHER IT MAY BE GIRL OR BOY) WILL BE HANDED OVER TO FATHER.  From that period onwards, while granting the custody of the child, the court will take into consideration of the interests of the child as paramount.  It being a girl  child and her father has again married, it is very difficult, if not impossible for him to get the custody of the child.  So, you need not worry.  Further, these cases run three to four years to come to final stage and by that time, your child will get sufficient cognitive skills to opt her choice of staying with father or mother and express it clearly before the court.  Before taking the final decision, if the child is mature enough, the court will interview the child in a very friendly and family atmosphere, and I have no doubt, that your girl child would like to stay with you instead of her father and step mother.  Once she gives her option, the court will tilt towards you and give the custody to you.  By the way, your question is creating certain intriguity and that is- you said you separated from your husband and there was notary agreement and it implies that there was no divorce in accordance with law and there is no divorce decree granted by the court. If that is so, his second marriage is illegal and void and attracts the serious charge of bigamy.  If the situation is like so, you engage an advocate and a small talk by your advocate to your husband in respect of second marriage and filing criminal offence case against him will deter him to file any suit in obtaining the custody of the child.  Before concluding my advice, I also suggest that a child needs both mother's as well as father's affection for healthy growth.  So, think about allowing him to get visitation rights.  If he files custody case, he will not get custody but will get visitation rights.  Wish you best of luck.

Agree with Advocate chandrasekhar.