Application for Child Custody

Law governing Child Custody-

 Guardians and Wards Act,1890

 Family Courts Act,1984
 Hindu Minority and Guardianship Act,1956
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Format of Application for Child Custody-
 
IN THE COURT OF ______
______ Vs. _______
PETITION U/S __ OF THE ____
Application under section __ of the ____ for grant of custody of the children to the
applicant /petitioner
RESPECTFULLY SHOWETH:
1- That the above noted petition is pending before this Hon’ble court and is fixed for
____.
2- That the petitioner was married with the respondent on ____ and out of the said
wedlock ____ sons namely ____aged about ____years and ____aged about ____
years were born.
3- That on ____ the father of the respondent came to the house of the respondent with
him alongwith both the minor children to her parental house and since then the
respondent alongwith the minor children is living at her parental house. Then after a
petition U/s ____ C.P.C. was filed by the respondent herself and on behalf of both the
minor children and she is getting maintenance for herself and for the minor children
from the applicant /petitioner. However the respondent alongwith both the minor
children came to the house of the petitioner on ____ and started living with the
petitioner. On ____ both the children got admission for their education in ____ and
the petitioner was providing all the facilities to the respondent and both the children of
their livelihood, education etc. but after some the respondent again left her
matrimonial house in the month of ____. Inspite of that the respondent charged the
amount of maintenance of herself and for both the children from the petitioner and she
is still getting the maintenance allowances from the petitioner/applicant.
4- That the atmosphere of family of the petitioner is better than the family of the
respondent and the petitioner has good reputation in the society. The applicant
/petitioner is fully competent person who can provide the proper higher education, can
properly take care and look after both the children, manage to provide good
atmosphere and to provide the good atmosphere to their minor children.
5- That in these circumstances the custody of the children is liable to be given to the
petitioner /applicant who is the natural guardian, next friend and father of both the
minor children.
PRAYER
It is therefore, prayed that the application of the applicant/petitioner may kindly be
accepted and the respondent may kindly be directed to handover both the minors
children namely ____ to the applicant /petitioner in the interest of justice.
Dated : ____                                                                                   
APPLICANT/PETITIONER
____S/o ____R/o ____
Through counsel
____, Advocate, ____