Legal Question in Family Law in India
Petition of Divorce under mutual consent filed before the court under Hindu Marrage Act. the custody of the child was with the father and will remain so as per the petition submitted before the court, the mother had visitation rights. the age of the child is 1 year and 3 months. the mother has left the child with father and the child was with the father from his birth for almost a year. Before the last hearing of the petition the mother during monthly visitation the mother left with the child and is not allowing the father to visit the child further she is not attending the dates of the court. what are the remedies available to the father to regain the custody of the child . will the fact that the mother had left the child with the father right from its birth and up to its completing 1 year be of any help to the father
1 Answer from Attorneys
The father has to make out a strong case for custody. In the present case, father has strong grounds to seek custody.
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