Legal Question in Family Law in India
my wife has filed case against me and my family under ipc 498 c. she left home with my 6 yrs old son. as a natural guardian how can i get custody of my child. my wife is not working and not capable to earn enough to welfare my child. what will be procedure and time duration to get custody legally.
2 Answers from Attorneys
1) The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access .
2) The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.
Dear client to get custody of child u have to file custody petition in court under Hindu minority and guardianship act. For any legal help call me
Adv prasad patil
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