Legal Question in Family Law in India

Re: Child Custody in India

Your friend is father and natural guardian of his daughter hence every right look after her welfare. Your friend is legally entitled to see, meet and visit his daughter and for that he may knock the door of the concerned court for permission of the court & if court may deem fit and proper than your friend even take her daughter with him for short period and this can be possible in extreme circumstances. Under the prescribed law, upto the age of 5 years the custody of the child will remain with the mother.

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Re: Child Custody in India

in divorce petition you can seek visitation rights to see the child . regardign custody he will have to file a case for custody. but as the child is small it may be a little difficult but you can still try

Re: Child Custody in India

Your friend should immediately file an application, in the pending divorce suit, for custody of the daughter, citing instances of negligence, if any, by the wife, and to ensure better welfare of the child. Pending grant of custody, he should also file an application for visitation rights to visit his daughter and to take her out and on vacations.

In all probability, he should be able to get such orders.

Re: Child Custody in India

Till 5 years of age a child always remain with the mother. But the father is always entitled to meet her see her, give her gifts at any time. She is the daugther of both, and not that of mere mother.

SO file suit for child custody. In that you will not get permanet child custody but u wll certainly be allowed to meet her on weekends etc as decided by court

Re: Child Custody in India

From your query one thing is clear that your friend has failed to maintain a relation with his daughter and he has also not taken any step for the custody of daughter and also to meet her.Ask your friend to move necessary application/case claiming the custody of child and till the final disposal of the case/application he may seek liberty to meet the daughter so as to fill up the gap and to built the bridge with her daughter.For any other query/assistance you amy call on my mobile.

Re: Child Custody in India

such mothers should be severely punished i believe.

you apply for custody of child with consultations with good lawyer and you may get the custody on welfare grounds. in anycase you may get visiting rights.

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Re: Child Custody in India

The gentleman should make an application to the same court where divorce case is pending for visiting rights to meet his daughter; he may also seek interim custody and permission to make arrangements for the child.