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mohit (others)     15 April 2017

Custody

my marriage in 2010
i have issue a girl child in 2011
my wife left my house in 2012 with my daughter after that she not come back to my home.in .
my wife file a case in aug 2013 at his parent house u/s 125crpc when i go to attend this case i file a application to take her back my home but she voluantry refuse to come back with me . Than i file a section 9 rcr  she come to attend the case and refuse to live with me case is pending . in his case u/s 125 crpc court reject my wife application on ground deseration 125(4) .in my case section 9 after ammend in 13 i got divorce on both ground crulity and deseration. now the  she file a case of dv act section 12 and 20,22 demand 40 lakhs in his petion which is pending . sir my question is my daughter is now over 5 years age i want to my daughter back to my home can i file a custody case and where file it is possible to file in my place, sir i want to also know both case 125 crpc and divorced case in my favour can court consider this judgments in decideing custody case any advantages in my favour.  sir  if any citiaion please give me  
urgently requir
thanks in advance



Learning

 3 Replies

Rakesh Pullamcheru (Student)     15 April 2017

You have not mentioned either you are Hindu or Christian or Parshi,

if you are Hindu, though father is the first guardian but you wont get custody of minor girl child in your custody, custody is different from Guardianship.

mohit (others)     15 April 2017

i am hindu family

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     16 April 2017

The custody case has to be filed where the child ordinarily resides.

The orders in S.125 cr.p.c. and divorce case have no bearing to decide the custody of the child.

The custody of the child will be given on the primary consideration of where the child's interest lies and if the child is cognitive enough, her preference will be taken into consideration.  If you will not get custody, then you will definitely get visitation rights.  Similarly, if you get custody, your ex-wife will get visitation rights.


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