Child custody of my son.
My wife took my 9 year old son with her, she is not allowing me to meet her, we are not yet divorced the case is in the court, can i get custody of my son?
Hello Sir,
Custody disputes over children are intense and sensitive matters for the courts. When the question was asked, the Supreme Court of India i.e. H. Supreme Court and other courts ruled that the sole criterion for deciding whether to grant custody is the best interest of the child.
Pursuant to the provisions of both Hindu law and secular law, custody of children under the age of five is usually given to the mother. For older boys, custody is usually given to the father, and for older girls, the mother. If the child is 9 years of age or older, the child's opinion will also be considered when determining custody. Because the first criterion is the child's best interest, a mother who has abused her in the past will not be granted custody after separation.
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