child custody

Yes she can claim the custody of the child.  Mother is the best person to take care of the child.

Inspite of not taking care of the child since last 3 years???

@ Author

Your question is a surprise question to me. reason being one side you say you are mother of child and simultaneously say the child custody is with father since birth (almost it seems) and in third breadth you are questioning 'how' which leaves a gaping hole on "intention" which is validly asked by you yourself as reply to Ld. Advocate standard one liner which I have noticed all ld advocates say irrespective of situations like this post.. This besides the point;


Now as part of touching this post I am just covering "present intention" part by suggesting to file an Application for visitation u/s 12 of gwa the act, at appropriate child jurisdiction Court. You will be first granted supervised visitation for few hours subject to custodial father approval keeping best interest of child paramount. Build up rapport with child slowly (as you say yourself child does not recognize mother I mean how one can expect the child to recognize mother if there is no interaction after birth - here I'm not touching reasons which you may have plenty) and later suggested to seek more extended time during visitation and culminating these visitations into firm custody suit in due course of time. Let ld. Court decide as to what ld. Rajoo says (and I differ) as standard made to believe advocacy statement which in my beliefs is never so in reality under such given briefs cases! 

Well all the best.

No..I am the father of the child. The child is living with me since last 3 years. And I want to have the custody of the child.

@ Author

Then in that case file an application for custody of child against un-wed mother. The problem here is can you service notice to her at all now that almost 3 or 4 years have lapsed!