Can father & grandfather jointly (as p1 & p2) seek custody

The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. However, you can still get custody of your child if you are able to prove negligent behaviour of your ex wife in taking care of the child. Howeover, it is not utmost required that the grandfather seek joint custody. For further queries feel free to contact me at isidjain1@gmail.com.

File Suit under the Guardians & Wards Act,1890 read with the Hindu Minority & Guardianship Act,1956 for seeking complete custody of the minor child as you are the natural guardian. The Welfare of the child paramount consideration and this cannot overrule the provision u/s 6 Act of 1956 which just a proviso, that the custody of minor who has not completed the age of five years shall ordinarily be with the mother; because if the Court find the Welfare of the minor is more with the father this proviso cannot stop it for granting custody to the father. The Supreme Court has held so in numerous cases.

The Grandfather can also be included as Co-petitioner along with the father as he will be fincancially supporting all expenses of the minor provided the minor is in complete custody of the father, the Petitioner.