Legal Question in Family Law in India

I am the petitioner in the main op for Divorce u/s13 AB and IA for Interim Custody of Child in Chennai II Addl Fmly court u/s 26 of the Family Courts Act. My son is 7 years now and has been under the care of his mother since birth. I have two questions:

1) My advocate says that had the case been filed under Wards and Guardians Act, the chances of winning custody are brighyt. If he is right, what is the solution?

2) Is it mandatory that in case I get visitation Rights, that it is my responsibility to pick up the child and drop him back. My wife stays 25 km far from my place and that she is unwilling to share the responsibility either to pick up or drop him at my house. Are there any prior judgments similar to this case, that is in my favour?


Asked on 12/19/10, 4:03 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a petition for custody under Guardian and wards act and it is you who has to go and pick up the child to meet under visitation rights as per the convenience of the child.

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Answered on 12/19/10, 10:36 pm


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