Legal Question in Family Law in India

Husband [A] and Wife [B] both divorce Mutually. They have a daughter age 8years. At present custody is with mother and Husband pay ailmony of child every one for child welfare and better education. Ex-Husband also fulfill all the demnands of only daughter as and when his daughter demand. Here now both Husband & Wife got remarried. Can a Husband [A] can take a custody of daughter from Ex wife [B]. If yes, What is the procedure and step to be taken. Because Husband [A] don't want his daughter life and career to be spoil after his Ex-wife marriage. His Ex-wife[B] trying to change the location very far and his daughter School & Surname want to change. please advice. Husband [A ] is well educated and have good & qualified family which can provide better education to her daughter. His Ex-wife is only 12th and her parent & her family background is illiterate. According to her, understand that her new husband working in crew ship as a steward and have one son age 10 years plus. Husband [A] Doesn't have Girl child in his family and not possible from his new wife. Husband [A] tried to get child custody at the time of divorce but not possible. Now Husband [A] insisting for Child Custody so that he can provide better eduction, standard life style & proper care taking to his only daughter. Husband [A] don't want his only daughter education & school get disturbed.

Asked on 11/12/13, 11:33 pm

1 Answer from Attorneys

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THE CIRCUMSTANCES ELABORATED BY YOU CLEARLY MAKE OUT THAT WELFARE OF THE GIRL CHILD LIES WITH HER FATHER.make a strong case for custody and also seek visitation right as an interim measure. you can also restrain your wife from taking the child out of courts jurisdiction or abroad for that matter. kindly visit divorcelawyerindelhi .com to know abt us

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11/12/13, 11:42 pm

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