Legal Question in Family Law in India
My sister has been married 8 years now and has a daughter who is six years old. three years back her husband walked out on her and she has been living with us since. she has been taking care of the child and all the needs and expenses of her family always. now since three months she has gone to live with her husband and inlawa trying to patch up for the sake of her daughter. but he is being very indifferent and rude to her always and insults her as always in front of others. though her daughter has now been admittted to school by the father, she feels it is not possible for them to patch as he is not making any efforts. she is giving it a month or so before she plans to get back to living with us. can her husband stake any claims to the child?
4 Answers from Attorneys
Hello,
In any case husband can claim for child custody whereas, you have to defend yourself and execute your case properly.
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The husband can claim custody but a lot depends on the circumstances. He may get visitation rights otherwise.
father also has right on the child and he can file a petition for custody of the child and also seek visitation rights.
i agree with my colleagues