My wife and I are separated, but not divorced. We are Hindu. I live with my parents, and my wife lives alone with our son, who is 7 years old. When I moved out, I took our son with me, with his consent. However, my wife took him back with the help of the police. I’m worried because my wife isn’t taking good care of him and his education is being affected. Can I get custody of our son on these grounds?

Apni Law
Apni Law
Law Forum › Category: Child Custody › My wife and I are separated, but not divorced. We are Hindu. I live with my parents, and my wife lives alone with our son, who is 7 years old. When I moved out, I took our son with me, with his consent. However, my wife took him back with the help of the police. I’m worried because my wife isn’t taking good care of him and his education is being affected. Can I get custody of our son on these grounds?
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Apni Law Staff asked 2 years ago

My wife and I are separated, but not divorced. We are Hindu. I live with my parents, and my wife lives alone with our son, who is 7 years old. When I moved out, I took our son with me, with his consent. However, my wife took him back with the help of the police. I’m worried because my wife isn’t taking good care of him and his education is being affected. Can I get custody of our son on these grounds?

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Best Answer

Apni Law Staff answered 2 years ago

In India, under the Hindu Marriage Act, you can file for custody of your son based on your wife’s neglect and the impact on his education. However, the court will consider the child’s well-being as paramount and may grant custody to you if it’s deemed in his best interest. You should consult with a lawyer to understand your legal options and proceed accordingly.

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