Legal Question in Family Law in India

What will happen if i lost the custody case of my 3 yr old daughter and court give custody to my wife and give only right to visit to me.

can i file the custody case AGAIN . ??? OR i'll lost my daughter


Asked on 3/29/12, 8:23 am

5 Answers from Attorneys
Bennet Master of Law Bennet Raj Law Office

File appeal upon economic status

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Answered on 3/29/12, 9:02 am
Vishwa Arya Arya & Co.

Though each case depends upon its facts, but, you may always claim custody depending upon change of facts and/or circumstances. One apparent fact is that today your daughter is 3 years so by default the custody had to go to mother. but once the child is 5 years, coupled with other facts you may think in terms of filing fresh custody petition.

appeal as suggested above would depend upon the infirmity if any in the order.

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Answered on 3/29/12, 9:13 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Yes but it is advisable to file custody petition only when the child is of 7 years or more.

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Answered on 4/02/12, 9:36 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can file a petition for custody again as res judicata or estoppel is not applicable in such cases.

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Answered on 4/04/12, 12:57 am


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