If the mother of your infant child has not returned home even months after delivery, understanding whether and how you can pursue custody as the father is genuinely important, though this situation requires careful and honest examination given the specific and strong statutory presumption applicable to infants.

The first and most important thing to understand, as discussed extensively in relation to custody of very young children generally, is Section 6 of the Hindu Minority and Guardianship Act, 1956, which specifically provides that custody of a minor who has not completed the age of five years shall ordinarily be with the mother, establishing a genuinely strong presumption favouring maternal custody specifically for infants and very young children, reflecting the law's recognition of the particular importance of maternal care at this early stage of a child's life.

Given this strong presumption, if you are seeking to establish your own custody of this infant given the mother's prolonged absence, it is genuinely important to understand that her physical absence alone does not automatically transfer custody to you, or eliminate this statutory presumption, since courts examine the underlying reasons for this absence and the child's genuine welfare in reaching any custody determination.

If the mother's absence genuinely and specifically reflects abandonment, meaning she has voluntarily and without genuine intention to return left the child in your care, as discussed extensively in relation to a father caring for a minor child left with him after abandonment, this represents a genuinely significant circumstance that a court would need to properly address, since the child's actual, continuing welfare and the practical reality of who is genuinely providing appropriate care become centrally important considerations, potentially warranting a formal custody arrangement reflecting this reality despite the general statutory presumption favouring maternal custody.

If, however, the mother's absence reflects specific and understandable circumstances, such as her own health issues, whether physical or mental health concerns connected to childbirth, including postpartum conditions that can genuinely affect a mother's capacity in the period following delivery, or other genuinely temporary and explicable reasons, it is worth understanding that courts would likely approach this situation with considerably more caution before displacing the standard presumption favouring maternal custody, recognising that a temporary absence connected to genuine health difficulties differs meaningfully from a settled, voluntary abandonment.

To properly pursue custody given this specific situation, your essential first step is filing an application before the appropriate Family Court or under the Guardians and Wards Act, 1890, seeking custody, and properly and honestly documenting the specific circumstances of the mother's absence, including when it began, any communications or lack thereof regarding her intentions, and your own continued care for the infant during this period.

If you have genuine concerns about the infant's welfare given this situation, including any specific needs the child has that require clarity regarding legal decision-making authority, such as medical care, it is worth seeking interim custody orders specifically addressing this immediate and practical need, ensuring you have properly recognised legal authority to make necessary decisions for your infant during this period while the broader custody matter is being resolved.

If the mother's whereabouts are genuinely unknown, it is worth discussing with your advocate the appropriate procedural steps for proceeding with your custody application despite this specific circumstance, potentially including substituted service if her location genuinely cannot be ascertained through reasonable efforts.

If the mother does eventually return or make contact, it is worth understanding that any custody arrangement established during her absence, while providing important interim clarity and stability, remains subject to potential future adjustment based on the court's ongoing assessment of the child's welfare, meaning a return by the mother does not automatically restore the original arrangement without proper consideration of the child's best interests at that specific future point.

Given how genuinely important and sensitive this specific situation is, involving both the child's immediate welfare needs and the strong statutory presumption applicable to infants, it is essential to consult an experienced family law advocate promptly. You can reach out via Aapka Legal Advice for guidance on properly documenting this situation and pursuing appropriate custody arrangements given the mother's prolonged absence.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling custody matters involving very young children and parental absence.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate immediately will ensure your infant's welfare and your legal position are properly and effectively addressed.

In summary, a father can pursue custody of an infant when the mother has not returned home even months after delivery, though this requires properly navigating the strong statutory presumption favouring maternal custody under Section 6 of the Hindu Minority and Guardianship Act, 1956, with the outcome depending significantly on the genuine reasons for the mother's absence, since a settled abandonment supports a stronger custody claim for the father, while a temporary absence connected to health issues would likely be approached with greater caution before displacing the standard presumption.