Legal Question in Family Law in India

Both mother and father can file a petition for custody if no order was made by the court regarding custody at the time of divorce. While granting custody paramount importance is given to the welfare of the child. If the child is below 5, father should not file it.

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how come issue of child custody was not decided at the time of divorce by mutual consent??Normally the parties resolve the issue of child custody at the outset only. If there are no orders passed then the court can be approached and keeping in mind the welfare of the child the court will grant custody of the child.for further clarifications contact 9312411481