Legal Question in Family Law in India

Child custody

I was separated from my ex-husband in 1999 & did not hear from him since then. I got legally divorced (him ex-parte, from High Court as per Catholic divorce reqmt) in 2005. My 10 year old son has been with me throughout.

1. Do I need to file for child custody (since there are places where they still require Father's signature..)

2. Can I get this legal guardian thing through some other way - meaning I have been his sole parent / guardian everything all these years, so do I still need to contest etc?

Thanks..


Asked on 9/16/08, 3:08 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child custody

In law there is no requirement. But if you need a declaration, you may file an application under the Guardianship & Wards Act in the District Courts.

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Answered on 9/16/08, 9:04 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child custody

You may file an application in District courts under The Guardianship and Wards Act.

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Answered on 9/17/08, 1:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child custody

As your husband has not been demanding custody you need not file for child custody or do anything. Where Father's signature is required the mother is also entitled to sign as natural and legal guardian.

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Answered on 9/17/08, 2:10 am


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