Get Free Legal Advice from Top Expert Lawyers

Dear Client,
Under Section 22 of the Special Marriage Act, any spouse can file a petition before a Family Court/District Court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If you want to resolve the issue permanently, you can file a divorce petition under Section 27 of the Special Marriage Act, 1954 on the ground of desertion as defined under Se

Dear Client,
The Family Court has jurisdiction to decide the custody of the child. The principle on which custody is decided is the ‘welfare of the child’. Best interests of the child include the child’s emotional, educational, social, and medical needs. Family Court also decides the frequency, place, and duration of such visits. The parent with custodial rights will generally have more power and influence. This power is in terms of time and duration. Both the custodial and non-custodial

Dear Madam,

Legal Position on Child Custody.

In India, physical custody (the child staying with you) is different from legal custody (court order confirming your right). Even if the child is currently living with you.

You can and should request the court to grant you legal custody.

This ensures that your custody is recognized by law, and prevents the husband from later claiming or forcibly taking the child.

SO BETTER APPLY FILE TWO DIFFERENCT CASES.

Dear Client,
The first step in seeking custody or visitation of a child is to file a petition in the family/district court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Gua

Dear Client,
The first step in seeking custody or visitation of a child is to file a petition in the family/district court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Gua

Dear Sir,
It is happening in every alternative orders passed in respect of child visitation rights. You have to file contempt application before the same court and if interested you may go to High Court and get effective order from it.

Dear Client,
Child custody for unmarried couples is determined based on the child's best interests and the parents' ability to provide care, even if they are not legally married. The primary consideration for child custody in India is the child's best interests. Unmarried mothers have legal rights to seek custody, and fathers can also seek custody if they can demonstrate their ability to provide care. Unmarried parents can create legal agreements outlining custody arrangements, visitation, and

Dear Client,
The Family Court has jurisdiction to decide the custody of the child. The principle on which custody is decided is the ‘welfare of the child’. Best interests of the child include the child’s emotional, educational, social, and medical needs. Family Court also decides the frequency, place, and duration of such visits. The parent with custodial rights will generally have more power and influence. This power is in terms of time and duration. Both the custodial and non-custodial

Dear Client,
The first step in seeking custody or visitation of a child is to file a petition in the family court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Guardians an

Dear Sir,
You may approach any NGO through online and seek their help. Thus, they may take your custody in the given circumstances. If necessary they will file necessary application before the Courts to take custody of yourself.