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Anil Kumar   06 March 2018

wrt custody of minor child with mother

my daughter has filed a divorce petition under 13b.its on cross exam stage. She is a teacher living with us parents.Weare financially ok.she hasa minor daughter aged abou 5yrs staying with her since birth.Boy has filed applications u/s 26 for custody of girl.Need your opinion please


 2 Replies

Adv Radhika Mehta (Advocate)     06 March 2018

Firstly, the Petition filed by your daughter cannot be under 13B as you have mentioned it is at the case of cross-examination. It must be a contested Petition.  Your query is not clear but assuming that you are concerned whether custody would be awarded to your daughter or her husband, since the child has been staying with her since birth, the Court generally would not take away the custody from your daughter, unless and until her husband is able to prove that she is an unfit and characterless mother

Anil Kumar   06 March 2018

yes it is a contested petition.
on application us24,the court has ordered the respondent to pay maintenance allowance for wife and minor child He is paying that.
Thanks for your valuable opinion

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