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Raj   17 August 2015

Possesion of child

Dear Sirs,

My wife is applying for divorce. We have 1 child of 6 years and one more she is pregnant.

My son is staying with me and they want to take posession by giving Police complaint and Legal notice.

Kindly guide me.



Learning

 2 Replies

prabhakar advocate (advocate)     17 August 2015

You must have got your child enrolled into a good school.  The police does not have power to pick the child up from you and hand it over to her.  She has to approach the court for getting custody.  The jurisdiction lies, where the child ordinarily resides.  So, at this moment you need not take any action, as the child is with you.  But give instruction at the school, that the child should not be approached or picked up by anyone else except you.  If she files case for custody, contest it.  But she will get visitation rights, if she approaches the court.

Prabhakar-Advocate

(M)9958670740 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 August 2015

As the son is 6 yrs U can claim custody of him.But after he completes 7yrs he has the optiion to stay either with his father or mother.They can give police complaint only before the process of divorce .In the court if UR son says he wants to stay with U only,the court will certainly grant it.


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