Legal Question in Family Law in India

my sister is staying superate with our family i.e. father, mother, me, my brother and her son. she visited her husband to talk but he kept her son along and told her not to come his home and he will not give her son back. Can we go and pick my nephue and what will be legal process??

Asked on 12/27/13, 2:53 am

3 Answers from Attorneys

Dear client make a application to court and tell the court that he has kept the child illegally. And yr sister will get proper custody of child immediately. For any legal help call me on 9422611385

Adv prasad patil

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Answered on 12/27/13, 3:50 am
Lovkesh Gupta Advocate And Lawyer In Jalandhar.

file case of Domestic violence and claim custody rights

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Answered on 12/28/13, 3:54 am

The mother of the child will have to apply to the Court to obtain the custody of the child. As per the law, the custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent will have the right of access.

The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria. The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does.

The mother of the child is the preferred custodial parent when the child is of a tender age, unless she is disqualified due to some reason to do so. The Court will also look into the matter as to why the parents of the child are staying separately and if satisfied that the interest of the child is best served by living with the mother, will give her the custody of the child.

Get an expert lawyer to help you with the filing of the case. You can call me at 09555 507 507 or send me a mail at [email protected]


Advocate Pooja

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Answered on 12/28/13, 4:02 am

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