Response

Yes , you can get the custody of your son. Child Custody Under Hindu Law. Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years is given to the mother. The custody of boys and unmarried daughters is given to the father.You will have to file a case of custody under the provisions of the guardianship and wards act. The same will have to be filed at the place where the ward is residing.

File a case for custody of your child at the court having jurisdiction over your locality. Whether or not you have filed for dovorce, does not bar you from demanding custody of your child.Yes , you can get the custody of your son.Child Custody Under Hindu Law. Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years is given to the mother. The custody of boys and unmarried daughters is given to the father.It is only the child’s welfare which is the focal point for consideration.

You can get the Injunction from court to ban travelling for your child.If the custody of the child was taken from you forcefully then you could lodge a complaint of kidnapping.If not or considerable time has passed since then no such case will lie anymore.For taking back the custody of the child you need to file a case for the same in the civil court and therein seek injunction on his foreign travel without the permission of court.

Reference: Minority and guardiansh act – 202100499-20210024-5491

LAW5393

LAWAYZ-2023-68