Legal Question in Family Law in India

female child custody
i am husband, my wife gave birth to a female child who is now 2 months old
she is living seperately since dec end of 2006, with her working parents, working sister and brother who will now go to college.
her mother is mcd teacher and will look after the baby till there are summer holidays and then they will keep maid for care of child as my wife too has started working.

can i take the custody of this female child on the grounds that there is nobody for taking care of her.

i am a professional and have housewife mother and sister and working father at home. and all are dying to have the baby in our lap. we have not even seen her as have not been allowed.

please help (no case is pending or filed)

Asked on 5/27/07, 2:07 pm

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

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Re: female child custody

you can file a case for the custody of eth child.

Answered on 6/07/07, 4:27 am

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Re: female child custody

Till the age of 5 years mother is the natural guardian of the child but you also have the right over the child being father.Consult a lawyer.

Answered on 5/27/07, 10:37 pm

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rajeshwar sharma rajeshwarnathsharma

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Re: female child custody

You are also the natural guardian of the female child and equal right to look after the welfare of the child.

As regard the cusdoty of the child of 2 months age, it is the mother who have the right under the law to carry on and retain the cusdoty of child upto the age of 5 years. If they not looking the welfare of the child than for the welfare purposes you may approach the concerned court.

For furhter query counselt the lawyer.

Answered on 5/27/07, 11:16 pm

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Prabhat Shroff Shroff & Company

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Re: female child custody

ve two options - to initiate proceedings for divorce or judicial seperation. In either case, you may also file petitions for child custody. You, being the natural guardian of teh child, if you can prove that proper care of child is not being taken by wife, you may get custody.

In any case, you have all visitation rights, and no one can stop you from exercising such rights.

Answered on 5/28/07, 3:00 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: female child custody

yes, you can. you will need to approach the local court for necessary orders by explaining the entire situation. The best option of course is to bring your wife back home and look after both of them.

Answered on 5/29/07, 8:21 am

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