How to prove marriage and get child custody or visitation?

My wife filed a habeas corpus petition for our child. During the first hearing, the government lawyer admitted it’s a matrimonial case. In the second hearing, the woman told the magistrate she is not my wife. However, the child's birth certificate includes both parents' names, and we have photographs, WhatsApp chats, and a letter from the village council. How can I prove she is my wife and get child custody or visitation rights? She is my second wife. We were in love for 18 years, got married, and now have a 2-year-old child.

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Advocate By LEAD INDIA Answered: 06 May 2025

Since you have birth proof, photos, and relationship evidence, file a child custody case under the Guardians and Wards Act. Explain the child's welfare and your stable background. Courts prioritize the child's best interest, so keep your evidence ready and ask for visitation if not full custody. For further legal assistance contact us on our helpline number.

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