Asked in Child Custody
In India, custody decisions are typically made based on the best interests of the child. The Guardians and Wards Act, 1890, is the primary legislation governing child custody matters. The court will consider various factors when determining custody, including the child's welfare, health, education, and overall well-being. It is possible for a mother to obtain legal custody of a child, but the final decision will depend on the specific circumstances of the case and the court's assessment of the child's best interests. The court will consider factors such as the mother's ability to provide a suitable environment for the child, the child's relationship with both parents, and any evidence of abuse or neglect. The child's preference may be taken into account, particularly if the child is older and capable of expressing their wishes. However, the court will consider the child's preference alongside other relevant factors and may prioritize the child's overall well-being over personal preferences. If you are seeking legal custody of your 7-year-old child, it is advisable to consult with a family law attorney who specializes in child custody matters in India. They will provide you with personalized advice based on your specific circumstances and the laws in your jurisdiction.
If your husband has got the custody of your minor daughter then you need to approach the court under the Guardian and wards act. But first of all rather than going legally you should serve him a legal notice to figure out what's going on in his mind regarding you and your minor daughter. After that if he fails to give you a satisfactory reply then you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. As far as the custody of the minors is concerned the court looks upon the overall development and welfare of the child. For more legal assistance I am just a call away.
You can File section 97 crpc case in court through lawyer or You can File Child Custody Case in court through lawyer under Guardian and wards act.
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