How to file child custody case in matrimonial case in court

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Filing a child custody case in a matrimonial case in Indian court requires the following steps:

Choose the correct court: Child custody cases in matrimonial matters are typically heard in the Family Court or the District Court, depending on the state. You will need to file the case in the appropriate court to ensure that it is heard by the appropriate judge.

Hire a lawyer: It is highly recommended to hire a family law lawyer who has experience in child custody cases. The lawyer can guide you through the legal process and represent you in court.

Draft the petition: The next step is to draft a petition that outlines the details of the case. The petition should include information such as the reasons why the custody of the child is being sought, evidence to support the case, and any other relevant information.

File the petition: After drafting the petition, it needs to be filed in the appropriate court along with the necessary court fee. The court will assign a date for the first hearing.

Attend hearings: You will need to attend all hearings related to the case. During the hearings, the judge will listen to both parties and examine evidence presented by both sides.

Negotiate a settlement: If both parties are willing, they can negotiate a settlement with the help of their lawyers. If a settlement is reached, the terms of the settlement will be presented to the court for approval.

Obtain the custody order: If a settlement is not reached, the judge will issue a custody order based on the evidence presented in court. The order will outline the custody arrangements and visitation rights of the parties involved.

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