Apni Law Staff asked 2 years ago
My wife left for her parents’ house a month ago, taking our 3-year-old son with her. Despite my requests and pleas, she refuses to return, saying she doesn’t want to be with me, but also doesn’t want a divorce. She has even threatened to keep our son from me. My parents have been raising him since birth. What options do I have to get custody of my child? Could my parents, who raised him, claim custody? Can I file for custody without a divorce?
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, you can file for custody of your child even without a divorce. You can approach the court with evidence of your child’s best interest being with you, including your parents’ role in raising him. Your parents, as his primary caregivers, might be able to claim custody if they can demonstrate a strong bond with the child and his welfare being paramount.
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