Legal Question in Family Law in India

child custody

hi, I am married and have 1 girl child of 1.5 year old. My wife is working in the state of qatar with my child. she is having a valid work permit visa. But my child is on visit visa.i went 3 time in a span of 4 months.now i am working happily in chennai.My basic claim is when they come next time to india, i don't want my baby to sent back with her.My wife is capable arranging a family visa to baby and keep on extending it.how can i stop taking baby to qatar next time. Is there any laws available to stop baby going there without valid PERMANANT VISA. Her 2 elder sisters are well settled in qatar with their family

Thanks,

Mat


Asked on 9/28/07, 7:37 am

6 Answers from Attorneys

Amit Shukla AS and Associates Legal Services

Re: child custody

upto 5 years mother is the best guardian,so till then no court will grant you custody of child because this is the tender age.

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Answered on 10/04/07, 11:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

you can make an application seeking appropriate orders from the family court for custody of the child and / or visitation rights; and restraining your wife to remove the child from jurisdiction of the court.

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Answered on 10/02/07, 12:47 pm
rajeshwar sharma rajeshwarnathsharma

Re: child custody

The custody of tender age upto 5 years will remain with mother.

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Answered on 9/29/07, 8:10 am

Re: child custody

child is of tender age and upto 5 years mother is the best guardian,so till then no court will grant you custody of child.As such there is no remedy in this regard.Talk to your wife and try to sort out the problem.

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Answered on 9/28/07, 7:54 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody

You cannot have the custody of the child till the baby attains the age of 5 years. Solve the problem with your wife that is advisable.

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Answered on 9/28/07, 8:38 am
Nandita Haldipur Haldipur Associates

Re: child custody

as teh baby is small it is difficult for you to get its custody. you have to talk to wife and sort out the issue

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Answered on 10/05/07, 9:50 am


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