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HIDAYATHULLA KHAN (Business)     14 May 2011

Custody of 2months child

kindly let me know that can a father take custody of 2months old child , the wife has left home along with the child without any information and is noticed in her fathers home they are not ready to give divorce and are waiting for the husband to give divorce such that they can get maintenance , now the father at any cost cannot live without the child how to take custody of the child.



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 13 Replies

Ravikant Soni (LAWYER IN JAIPUR)     14 May 2011

File litigation under guardienship and wards act to the competant court.

A V Vishal (Advocate)     14 May 2011

There is no remedy for you currently in view of the age of the child, the mother shall have custody and the court cannot grant the same to the father, even litigation will be futile and hence advise to go for conciliation.

danish (Manager)     14 May 2011

Hi,

1.Do  you have a Son or Daughter.

2. For child custody welfare of child is important, If the judge is convince you may get the custody inshallah.

3.Anyway the baby is too young, it needs mother support in terms of milk and care. you may apply for visitation rights and after 4/5 months child custody.

4.If you are blessed with a boy, then i belive you will get the custody easily.

HIDAYATHULLA KHAN (Business)     14 May 2011

thank a lot for guideance

Advocate M.Bhadra   14 May 2011

File a suit under Gurdianship and Wards Act in the District Court ,but there is every chance order may be in your wife's favour as your daughter is very minor.

HIDAYATHULLA KHAN (Business)     15 May 2011

Mine is the baby boy i have got two male childrens the elder one is with me she did not take here along he is 2years old , she has taken the younger on who is two months old, in this case can i get the other childs custody also please reply and one more thing if i file a case of G&W how much time will the proceedings take for settlement

Adv. Sanjay Kadam (Proffessional)     15 May 2011

The wel-fare of the child is paramount consideration under the Gurdianship and Wards Act . If your wife has left 2 years child with you, it is necessary to know her nature , conduct and capacity to maintain the child. If she is not in position to maintain the child, due to her nature and conduct, having regard to social and financial aspects;  you will get custody of the child. It is necessary for you to go to court of law and file case for custody of the child. The situation that she has left 2 years child with you is storg circumstance against her. Other circumtances you may better know, be added in the case.

HIDAYATHULLA KHAN (Business)     16 May 2011

sir thanks a lot , i will try to add all that is against her . at any cost i need the child whom she cannot take care 

HIDAYATHULLA KHAN (Business)     16 May 2011

Sir, under R.T.I act can a individual get the passport details of a person , kindly let me know , if yes what is the procedure

Adv. Sanjay Kadam (Proffessional)     19 May 2011

Sir, Passport details can be obtained from the Passport department under RTI Act. Simple Application to the nearest passport authority or to the nearest police station by whom cinformation is made to that effect; with some details of the holder.

HIDAYATHULLA KHAN (Business)     23 May 2011

SIR, IN A CASE THE MOTHER AND CHILD HAVE BEEN HIDDEN BY HER PARENTS AND ARE NOT LEAVING THE HUSBAND TO CONTACT THE WIFE . APPROACHED MORE THAN THREE TIMES ALONG WITH THE PARENTS OF THE HUSBAND TO THE IN-LAWS FOR COMPROMISE BUT IN VAIN , THE WIFE HAD EARLIER LEFT THE HUSBANDS HOME ALONG WITH THE TWO MONTHS CHILD , SHE HAD LEFT TWO YEAR OLD CHILD AT HUSBANDS HOME ITSELF , NOW AT THIS POSITION HOW CAN THE HUSBAND MEET HIS WIFE AND CHILD , IF AT ALL THE WIFE IS NOT READY FOR COMPROMISE CAN THE HUSBAND CLAIM HIS TWO MONTHS OLD CHILDS CUSTODY, IF YES HOW LONG WILL THE PROCESS TAKE AND WHICH IS THE FASTEST PROCESS TO CLAIM THE CHILDS CUSTODY IS IT THROUGH THE POLICE OR THROUGH THE COURT PLEASE LET ME KNOW I NEED HELP., 

HIDAYATHULLA KHAN (Business)     30 May 2011

Sir, My wife is expecting divorce from me and hence she has taken away my 2months child along with her leaving away my elder child , from past one month there were no whereabouts of her and my son , now she has been seen at her uncles home , now how can i get my child back , and if i give her divorce should i pay maintenance to her , i dont want to give divorce i want her to come to me back and live with me but she wants divorce and she and her family members are playing with me , sir please any one let me know what can i do

HIDAYATHULLA KHAN (Business)     30 May 2011

Sir, My wife is expecting divorce from me and hence she has taken away my 2months child along with her leaving away my elder child , from past one month there were no whereabouts of her and my son , now she has been seen at her uncles home , now how can i get my child back , and if i give her divorce should i pay maintenance to her , i dont want to give divorce i want her to come to me back and live with me but she wants divorce and she and her family members are playing with me , sir please any one let me know what can i do


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