Legal Question in Family Law in India
is it necessary that the mother gets the custody of the child below 5 years automatically or by default? If I as the father of the child go to my wife's parents place where she stays and demand for the child, can it be denied to me legally? my child is 3.5 years old and is a girl. No legal procedure has been initiated at either end. If the father can be stopped from taking the child away, in what way and under what legal provision? if so done, what legal action can follow? Pl guide.
2 Answers from Attorneys
the welfare of the child is of paramount consideration and the custody of the child will be granted in favor of the spouse who competent to take care of the child in all manners.
You should approach a court of law claiming custody on the basis ground that may be available to you. Use of force may lead to violence and you may be guilty of taking law into your own hands. You are advised to make efforts for amicable settlement and if you fail, approach the court as a last resort.
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