cheque bounce issued to an advocate by a business man
3 years ago
Good Afternoon,
I am a freshly enrolled advocate last year and have not started my practice yet,
before joining LLB I use to run a retail business of fashion jewelry and cosmetics shop,
after enrollment in bar council i have searched a buyer and sold my business to a buyer for 2 lakh rupees.
He has entered into a sale agreement with me as i was proprietor of the business and he paid me 70000 rs cash
on 20th jan 2020 and promised to repay balance 130000 in 3 instalments in 3 months but he failed to make payment and as the first cheque was about to
expire on 10 th May as it was 3 months completing from the date the cheque was drawn, i have presented the cheque for collection in my bank
but the cheque got returned with reason payment stopped by drawer.
on contacting the buyer he says he doesnt hav money and is asking not to present remaining 2 cheques in bank and asking for 3 more months time .
Can i issue him a legal notice and can i file a cheque bounce case against him.
as i am an enrolled advocate can i file acase against him.
Adv. Sarika Khude
Responded 3 years ago
A.You need to send a notice as soon as possible.
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A.1) It is nice that you have enrolled in Bar council
2) As the Cheque is returned on 10 May 2020, immediately send him A CHEQUE BOUNCE NOTICE also mention in Legal Notice that “IT IS A LEGALLY ENFORCEABLE DEBT” . As you are a lawyer yourself Send this NOTICE FROM SOME OTHER LAWYER FRIEND- Do NOT use your own letter Head. Also mention the signed Agreement DATE so that he will NOT have any loopholes for defending the CASE if it comes in the court.
3) Also regarding the other Cheques Bounce it before the Due dates.
4) Also let me know where are you located & the client is located, if you use some legal techniques you can win easily.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court)
2) As the Cheque is returned on 10 May 2020, immediately send him A CHEQUE BOUNCE NOTICE also mention in Legal Notice that “IT IS A LEGALLY ENFORCEABLE DEBT” . As you are a lawyer yourself Send this NOTICE FROM SOME OTHER LAWYER FRIEND- Do NOT use your own letter Head. Also mention the signed Agreement DATE so that he will NOT have any loopholes for defending the CASE if it comes in the court.
3) Also regarding the other Cheques Bounce it before the Due dates.
4) Also let me know where are you located & the client is located, if you use some legal techniques you can win easily.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Dear Sir,
Nothing prevent you file cheque bounce case. Get issue and follow the following procedure. Nothing to worry. Please give me Rank 5 if you feel my answer helped you.
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The most competent one will get the custody of the child, or both the parents can get it.
Child custody is a situation that requires to be handled with love and care, therefore certain rules are been implemented keeping the welfare of the child as the topmost priority.
To get the custody of a child, one has to prove himself/herself competent before Court with the help of the family lawyer taking care of the case. Even after the custody order is passed, the Court keeps a watch on the custodial parent, whether he/she is actually taking care of the child or not.
Anyhow, the custody of the child is considered based on the age of the concerned child and the behavioral character of the parents towards the child. Read below to know a brief about the categorization:
• Less Than 5 years of Age: For infants usually mothers are the first preferences due to the certain obvious reasons for the welfare of the child.
Regarding the kind of custody, the parents both wishing to get the custody may get a 50–50 custody, in which the mother shall have physical custody, and the father can visit the child at any reasonable time.
In such a situation, if both the parents are earning, it shall be their joint responsibility for the financial requirements.
Even if the mother gets the first priority here, if she is not willing to take up the custody, or she is of a careless nature, whereas the father is a more competent one, obviously the father gets the custody.
If neither of them is competent enough, the first preference is given to the grandparents, then comes other relatives - uncle or aunty.
• Between 5 to 13 Years of Age: If the child is less than 13 years old, and more than 5 years, the child develops certain senses of good and bad. At this point, the child is been interviewed, preferably at the magistrate’s chamber, so that the child does not feel scared being in the courtroom.
Anyhow, the performance of the child is not the only criteria, because at this stage obviously, children are not matured - Mumma becomes bad because she forces to eat vegetables and keeps on nagging for studying, whereas Papa becomes good because he accompanies in video games and takes to the amusement park or vice versa.
Here, along with knowing the child’s mind, the parent has also proved to be competent to take care of the child.
• More Than 13 Years of Age: At this age, even the Court insist to take joint custody, because at this stage, where the child is entering into adolescence, and face issues of teenage, undergoing the mental pressure of separating parents may have an adverse effect on the child.
Therefore, usually the parents, except for extreme situations of abuse and torture, given more liberty to spend equal time with the child.
Even in such a situation, for the physical custody of a daughter, the mother is preferred, and for son, the father is preferred.
• More than 18 years of Age: No matter your 18 years old son/daughter is still a kid for you, but in the eyes of law, they are not a child anymore. So, basically, no custodial affair can come into action if the concerned child has crossed 18 years of age.
Anyhow, here, daughters are more privileged than a son. The daughter till not married, or start earning enough for herself, is liable to get maintained by parents, whereas for a son, there is no such liability on the parents.
What happens to the responsibility for my children if I get divorced?
After a divorce, both partners retain parental responsibility for the children. This also applies when a couple ends their registered partnership, provided the man has acknowledged the child. Both partners remain responsible for raising and caring for the children.
Parental responsibility after divorce
If your child was born during your marriage or registered partnership, you will usually keep joint parental responsibility after divorce. If you don’t want joint parental responsibility to continue, you can ask the court to give responsibility to just one of the parents. The court will decide which parent gets responsibility.
If you have more than one child, the court will decide on responsibility for each child separately. A child of 12 or over can ask the court to grant responsibility to one of the parents. This parent will be liable for the child’s maintenance until the child is 21.
The child’s opinion in decisions on parental responsibility
The court must ask children aged 12 and over to give their opinion when it takes a decision on parental responsibility. Younger children do not have to be asked for their opinion. Children aged 12 and over whose parents seek a divorce are automatically told when they are expected to appear in court. It is up to the child to decide whether they want to go to the hearing. The child has the right to be heard. This means they can tell the court what they think about certain matters relating to the break-up.
If a child under 12 asks to be heard, the court will invite them to attend the hearing.
Equal parenthood, co-parenting, parental responsibility and acknowledgement
When people talk about parental responsibility and access (omgang) the following terms sometimes get mixed up. They all mean something different.
Co-parenting (co-ouderschap)
If you and your ex-partner co-parent, this means you share the care and upbringing of the child(ren). Your child lives alternately with you and with your ex-partner. Co-parenting is only possible if both parents are willing. There is nothing in the law about co-parenting and the co-parenting situation has no bearing on parental responsibility or child maintenance. If you choose to co-parent, you and your partner make agreements about when the child is with each of you and who pays for what. You can lay down such agreements in a document drawn up by a civil-law notary or include them in a divorce settlement agreement (scheidingsconvenant).
Equal parenthood (gelijkwaardig ouderschap)
Equal parenthood means that the parents have equal rights and obligations with respect to the care and upbringing of their children. This does not mean that the child lives with each parent half the time.
Responsibility (gezag)
Responsibility for your child means that you are the child’s legal representative and you have control over his or her money and property.
Acknowledgement (erkenning)
Acknowledgment creates a legal bond between the parent and child. However, if you acknowledge a child outside a marriage or a registered partnership, you do not automatically get parental responsibility or become the child’s legal representative. In that case, to get parental responsibility you need to apply for it.
Parental access rights after divorce or break-up
After a divorce, separation or the termination of a registered partnership, the ex-partners retain their parental access rights with respect to the children. If you have joint parental responsibility, you and your ex-partner must agree on care and access arrangements.
Even if one of you does not have (or no longer has) parental responsibility, that parent still has parental access rights and the right to be kept informed about the children. In such cases, the parents decide on an access arrangement together. There are no standard arrangements imposed by law. The two of you decide when, how often and for how long the parent that the children don’t live with sees the children. The agreements you make are then incorporated into the parenting plan (ouderschapsplan).
Ex-partner fails to comply with care or access arrangements
If your ex-partner does not keep to the care or access arrangements, you can try to resolve the problem together or seek the help of a mediator. As a last resort, you can ask the court to intervene. You must hire a lawyer (advocaat), who will then start interim injunction proceedings (kort geding) on your behalf. The court can for example order your ex-partner to pay a fine for every day that they fail to comply with the arrangements.
Denial of parental access rights
In exceptional cases, it may be better for the child if a parent is denied access either temporarily or permanently. This might for example be needed if the parent physically or sexually abuses the child. If only one parent has parental responsibility, the court can deny the other parent access to the child. The parent who has responsibility can request the court to do this. If both parents have responsibility, the court can temporarily prevent contact between the child and one of the parents.
Dear Sir,
You have to apply to the court to get the custody of the child in that event court will fix time to meet child and the case will be further proceeded. Generally the custody of the child up to the age of five remain with the mother . After evidence the court will decide to whom the custody of the child paramount consideration is welfare of the child who can look after the child in better way so go ahead file the applications for custody of the child the application will be filed in the court where child resides don't file a case at the wrong place in that event after so much exercise the case will be dismissed for want of jurisdiction
For appointment of any person as guardian, the court shall consider the welfare of the minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being and thus there are numerous occasion wherein Supreme Court has allowed father to retain the custody of child.
In Samuel Stephen Richard v. Stella Richard [AIR 1955 Mad 451], the Hon'ble High Court of Madras in deciding the question of custody held as follows:
"In deciding the question of custody, the welfare of the minor is the paramount consideration and the fact that the father is the natural guardian would not 'ipso facto' entitle him to custody. The principal considerations or tests which have been laid down under Section 17, in order to secure this welfare are equally applicable in considering the welfare of the minor under Section 25.
Above principle had has been reiterated by Supreme Court and various High court across the Country.
As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court. So, if the child is in your husband’s custody then you can file a case under Guardian and Wards Act seeking custody of the child if your husband denies you for the same.
A parent can claim the custody of the child under Section 7 and 17 of the guardianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
In most of the cases the Visitation Rights are awarded by the court to the parent to visit the child.
But in some cases the court can decline the visitation rights as well if the court can be reasonably convinced that visiting the child by the other parent will have any ill effects to the well being and growth of the child.
What if I think the non-custodial parent's visits are harmful to my child?
I am the custodial parent. Can I stop the non-custodial parent from visiting our child?
Usually, the non-custodial parent is entitled to reasonable visitation. The court may limit or stop visitation rights ONLY IF the court has a hearing and finds that visitation might:
• hurt the child’s physical health; or
• significantly impair the child’s emotional development.
The parenting guidelines recognize that overnight visitation may not be in the best interest of some very young children. In those cases, visitation should take place three times a week for two hours each time for children up to four months old, and gradually increase as the child gets older.
What will happen if I stop allowing visitation?
If there is a court order for visitation and you stop visitation without the judge’s approval, the non-custodial parent may take you to court for contempt or to get an injunction. You may have to pay the non-custodial parent’s attorney fees. Under some circumstances, the non-custodial parent may even be able to get custody.
When can I ask a judge to limit visitation?
Visitation can be limited at the:
• Provisional hearing in divorce;
• Final hearing in divorce;
• Paternity hearing; or
• Hearing on a petition to modify visitation or custody.
It is also possible to limit visitation in an Order of Protection hearing.
What evidence do I need to limit visitation?
You will need to prove that visitation will:
• hurt the child’s physical health; or
• significantly impair the child’s emotional development.
You will need enough evidence to outweigh the basic belief that visitation by the non-custodial parent is in the child’s best interests. Examples of evidence that might convince a judge to limit visitation include:
• Witnesses who have seen the non-custodial parent, or a member of the non-custodial parent’s household, abuse the child.
• Witnesses who have seen the non-custodial parent use illegal drugs or abuse alcohol in the presence of the child.
• Medical testimony and records that show injuries or sexual abuse to the child caused by the non-custodial parent or a member of the non-custodial parent’s household.
• Records of criminal convictions of the non-custodial parent.
• Testimony from the child’s mental health provider, teacher, behavior therapist, or doctor about the effect of visits on the child’s emotional health.
Your evidence must be about behavior or problems that have occurred since the last time the Court decided how much visitation the non-custodial parent should have. It is important to tell the court your concerns about visitation as soon as possible. You will not be able to testify about violence or other problems during your marriage, if you try to limit visitation after the divorce is final.
How can visitation be limited?
Depending upon the facts, the court can grant:
• No visitation.
• Supervised visitation.
• Reduced visitation.
• Visitation only if the non-custodial parent finishes treatment or classes to address addictions, anger management, mental illness, or other problems that might make visits harmful to the child.
• Visitation only if the non-custodial parent agrees not to use alcohol or drugs during the time the child is visiting.
If the court grants supervised or no visitation, what happens if the custodial parent dies?
When the court orders supervised or no visitation, the court should also appoint someone to serve as temporary custodian if the custodial parent dies. This person would be able to take care of the children right after their parent’s death. The temporary custodian would then have to go to court to become the children’s legal guardian.
Last revised: 11-03
Child Custody,
1)If it is contested divorce irrespective of the fact who requests or initiates divorce the custody of 9 months baby will go to the mother. Father can ask for unlimited visiting rights. In case of mutual consent divorce both of you have to decide about custody and let the court know.
2)Alimony in mutual consent divorce will be decided by both of you. You can negotiate. But in case of contested divorce whoever files the same the court after taking into consideration all the factors like your income less expenses and expenses of persons dependant on you will decide alimony. Even in contested divorce the court gives you both opportunity to decide amount of alimony by sending you to counsellor.
A P Pawse Advocate High Court Mumbai.
Yes, there is a way you can take custody of our son in India before the divorce.
This can be done by guardian op. The court will think about the welfare of the child.
According to the supreme court guidelines, the child should stay with mother until 5 years [guardian and wards act].
Often the answer to the question "who will get custody?" will be determined in large part by the process that is followed by the parties involved in the child custody situation.
In most situations where parents reach an out-of-court agreement on child custody and visitation, the question of "who will get custody" is mostly up to the parents themselves, usually with input from attorneys, counselors, or mediators. If parents in a child custody dispute do not negotiate some form of agreement before going to court, then the custody decision will be made in court, usually by a family court judge.
taking your matter into consideration...the custody is more likely to be in the hands of mother if the child is on breastfeed and if not,..and you really wants your son to stay with you for his betterment you can establish that your son's mother is unfit for parenthood or is incapable of taking care of him, you may be able to get physical custody, especially if you can show that you are the child's "primary caretaker." Even if you cannot get physical custody of your son, you should be able to obtain shared legal custody, giving you the right to make important decisions about your son's upbringing and welfare.
coming on to your alimony part... It depends on the discretion of judge as to how he arrives at the figure, taking various factors into consideration. Income alone cannot be criterion for deciding the maintenance amount. Home salary and also the expenses also should be taken into consideration while awarding maintenance to wife.
apart from all this...i want to advice you that..try to sort out the problem by your own self..think about your children he needs the love of you equally as well as your wife ..you are not wrong at any stage..as what you have explained in the question..try to sit with your wife alone and convince her..because divorce proceedings are not easy to handle..it actually disturbs your mental as well as physical condition..moreover in india..we even dont know when court is going to award you divorce..
Child custody and maintenance law are based on the principle of best welfare of the child, the parent with whom best welfare of the child exists is allowed the physical custody and other parent is given visitation rights for the child. The issue of child custody is up to the age of majority which is 18 years. The financial support of the child is responsibility of both parents and both are supposed to provide for it in proportion of their own income or financial status.
Alimony and maintenance law for spouse for Hindus are on equatable basis, namely both can seek permanent alimony and maintenance from the other at the time of the divorce or annulment of the marriage.
Again the court decide the amount of permanent alimony and maintenance on the basis of the financial status of both parties that includes the income and even property of the party through which income can be generated.
Since the child is infant the custody will be with mother, unless proven that she is not able to take care of the child. The custody will go to mother irrespective of who files for divorce. You will get visiting rights. Once the child is of 7yrs you can again file child custody petition and battle it out. Also there can be various possibility which a lawyer would be able to guide you the best.
If she is well educated and can join some job and earn than you might not have to pay. But you will be asked to pay an X amount for the child support. If she is filing for the case and if you have a good lawyer he can turn the table around and can make sure that you dont need to pay. Also alimony depends on your earnings and not the whims on fancies of your wife or her lawyer. They can ask for anything they want and they will do as more the money the lawyer is able to get to your wife the bigger chunk of commission is taken by the lawyer.
If you love your wife and you want her to stay my only suggestion would be talk to her no matter how influence your mother in law is. She is your wife and now the equation have changed that you need to make her understand. Go for marriage counselling and try to sort it out. Try and make your wife understand that for your child sake. It will be traumatic of the child later on.
Also if your MIL is causing the trouble rest assured if you get divorced and she marries someone else the same thing will happen there as well.
The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him ,a gurdianship case will have to be filed in the family court seeking relief of declaration of mother as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts. Normally the custody of child of upto 5 years of age is with the mother and in the present case also the girl child being only 7 years of age ,the Court will most probably grant custody of girl child to mother .As the proceedings may take time and the girl child is in custody of father, a prayer for visitation rights of the child to the house of mother can be made for holidays and in vacations as an interim measure till the case is finally decided so that the girl child is not deprived of company of mother during pendency of the case .If custody is granted to the mother ,father will get visitation rights on terms fixed by the Court .
Well, first thing you need to do is stop thinking like an engineer and try to find formulas about child custody or for that matter alimony. Law works on facts and evidence, and it’s about probabilities and outcomes can’t be certain.
In mutual consent divorce, both alimony and child custody is as per the agreement. Court will not interfere unless it possibly finds something morally reprehensible in the agreement. Though I wonder why courts don’t find it morally reprehensible that a wife who stays for a few days/weeks/months and no children gets entitled to a 25–50 lakhs of alimony in an MCD!
Child custody is decided based on welfare and best interests of child. It’s not to do with who asks for divorce. It’s a complex topic and lawyers simplify it by telling fathers:“You won’t get custody till child is 5 years”, and after child is 5 years old, they will give another reason. So you can ignore all the lawyer talk and aim for joint custody/shared parenting of child. Hopefully in another 5 years lawyers will become up-to-date on joint custody/shared parenting if enough fathers try it out in family courts.
Various HC approve Child Access & Custody Guidelines along with Parenting Plan - Men Rights India
Since wife is housewife, alimony can be high so better focus on joint custody to reduce alimony to wife also, else they would claim and get sympathy in name of child also.
This collaborative book is a good reference on child custody related issues:
Child Custody, Guardianship, and Visitation for Fathers • GitBook
Update 19/05/2017: Alimony related gyan is now available in my book: Alimony and Maintenance under Hindu Law (only in Kindle Edition)
Disclaimer: I’m not a lawyer, however I am reachable for consultation via Man to Man Solutions
Alimony and child custody are the two most discussed issues when a divorce occurs. Both in a mutual and contested divorce, the alimony and child custody follow its own respective procedures which are explained one by one in this article.
You can file your petition for alimony (Tel: +91–9811782573) and child custody along with the divorce petition, or later, depending on your situation and preferences. It is anyhow, advisable to file along with the divorce petition.
Each situation is different from each other, and therefore hiring the best divorce consultant is always preferable.
One by one the law-related and procedure to obtain alimony and child custody are explained below:
ALIMONY
Law: The concept of alimony is regulated by Sec. 125 of the Criminal Procedure Code. The provision enables the wives getting divorced from their husband to get an amount as alimony.
This amount of alimony can be paid in two ways – a hefty amount paid at the time of divorce or paid after the divorce at a regular interval – monthly or quarterly.
However, alimony is subject to certain conditions:
(i) The ex-wife is eligible to get alimony only if she is not earning on herself or has no means of earning. In case, she has a job, or business, or another mode of earning from savings or property, she may not get any alimony.
Following the latest judgments, the Court is refusing to give any alimony order in favor of the wife if she is well qualified and is refusing to work to earn herself. In such a situation, the court is passing an order for alimony for a temporary period. By that period, she has to find a job for herself.
(ii) If the ex-wife is in a relationship with another man, whether planning to get married or not, she is not legally liable to claim any alimony.
Procedure: To demand alimony, a petition must be filed before the court along with the divorce petition or later.
While filing the alimony petition, you require to mention why do you require that amount. Even if you are earning yourself, but you're such a medical condition that needs economic help, the Court can pass an order only to pay that amount which is required for carrying your necessary extra expenses.
Kinds:
Based on the situation of each case, the alimony is granted. There are kinds of alimony prescribed by law which are listed below:
• Rehabilitation Alimony: Where the spouse seeking alimony is not self-sufficient, rehabilitative alimony may be ordered until he or she finds the means to care for themselves and to the children, if there any.
There is no set time for rehabilitative alimony to end, and it is determined based on the individual situation.
This type of alimony will likely be reviewed at intervals to check on the progress of the recipient.
• Permanent Alimony: Permanent alimony is when the payments are to continue indefinitely. There are many reasons that a judge would order this type of alimony.
One situation may be if the recipient is handicapped and unable to work and become self-sufficient.
If the recipient married without ever gaining employment skills, and has never worked but has raised children and taken care of the home, this recipient may be entitled to permanent alimony.
Usually, permanent alimony will not stop unless one spouse dies, the recipient gets remarried or cohabitates with someone else.
• Reimbursement alimony: In the situation where one spouse worked to put the other spouse through college or a work-related program which resulted in this spouse earning more money – reimbursement alimony may be awarded.
Typically, the alimony will continue until the cost or half of the cost of schooling has been paid back.
• Hefty Alimony: In this kind of alimony, the spouse is ordered to pay lump-sum alimony will not be required to pay any other type of alimony to the recipient.
CHILD CUSTODY
Law: When a couple is separating, the question arises, with whom the child is going to stay, as well as who is going to take care of the expenses of the child. Before going deep into the discussion and analysis, let us know what the legislation has a say about this:
• As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.
• The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.
• In case the child is illegitimate then the custody shall be with the mother itself.
• If the parents are not willing to take the custody of the child or if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child. In this case usually, the grandparents are that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.
• If neither the parents nor any of the close relatives of the child are initiating to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.
Depending on the situation, the custody of the child is granted in the following ways:
• Physical Custody: When one spouse is abusive and not fit for the physical or mental reason to take care of the child, the court gives sole custody to that spouse who is caring towards the child.
The parent with the custodial rights will be designated as the primary caretaker and will be in charge of the child’s emotional, medical and educational needs.
The other parent may be required to take care of the expenses, but will not have any way be a part of the child’s life. Anyhow, the court often is sensitive ins such situation and give visiting right to the other parent.
• Legal Custody: The option of legal custody bestows the parents with the entitlement of making vital decisions with respect to the upbringing of a child. The rights so bestowed on them includes the right to cater to the child’s educational, moral, financial, and medical requirements. These aspects are given prominence as it has a direct bearing on the welfare of the child.
• Joint Physical Custody: When there is a tough fight for custody between both the parents, the COurt may order to have physical custody to both the parents. Here, the visiting rights are not fixed.
For example, even if the child is living with his mother, the father can visit him any day at any reasonable time, and do something for the child.
• Third Party Custody: When both the biological parents are not eligible to take care of the child, then a near relative, preferably an elderly woman is given custody of the child. THough a third person gets the custody, the biological parents can not get relieved from their responsibility.
The biological parents have to take care of the expenses and the child will have all the inheritance rights.
If you are inquiring how to handle your alimony and child custody matters with the guidance of an expert, you just require to call on +91-9811782573, or simply drop a mail.
While the couples part their ways and settle their disputes by taking divorce, it is not easy to settle the matter of the custody of their child. The couples may decide to move ahead in life separately but ultimately it is emotionally challenging for the child who suffers the most during their separation. Generally, child custody is decided among the parents before they petition the court for mutual consent divorce. However, a problem arises when parents cannot come to an agreement on custody of the child after divorce. The courts decide the cases of child custody on the case to case basis and the decision is taken on child’s best interest.
Child custody issues are very common in divorce and separation cases. The court will consider the ‘best interests’ of the child when deciding who should get custody of the child.
What does it mean to be awarded child custody?
In divorce or separation proceedings, it is common to find that the mother and father are on opposite sides with respect to the custody of their children. In a matrimonial dispute, the courts also have the power to pass decide who will have custody of children under the different statutory laws for Hindus, Christians and Parsis. Being awarded custody means the ability of the person to make daily and major decisions about their child. It also determines where the child will live – for example, if the mother is awarded custody, the child will live with the mother. The court may then grant the father and his relatives visitation rights – the court will usually go on to specify the frequency, duration and place where the father and the relatives will be allowed to visit the child.
custody of minor child to father
Custody of minor child
Generally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.
How to have custody of minor child below 5 years if you are a father.
In Anil Kumar pradhan Vs.Smt madhabi Pradhan
It was held that though section 6 of Hindu minority and Guardianship act 1956.
The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.
What is welfare of child?
Welfare of child cannot be measured by money or physical comfort alone,
tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.
if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.
held in kajal vs. Rajesh Rana
In Nil ratan Kundu Vs. Abhijit Kundu
The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.
V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,
that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the child
be eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court.
The court could go into the merits to determine as to where the permanent welfare lay
and ignore the order of the Foreign Court or treat the fact of removal of the child from another,
country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed)
would exercise the summary or elaborate procedure is to be determined according to the child
CHILD CUSTODY LAWS IN INDIA
Introduction
If a marriage breaks down and ends up in separation of a couple, the person(s) who suffers the most is the child or children born out of the marriage. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child.
What Are The Factors That Constitute “Welfare” Of A Child
Welfare of the child, broadly, includes the following factors:
Safe-keeping of the child
Ethical upbringing of the child
Good education to be imparted
Economic well-being of the guardian
Where Does A Minor Child Go After A Divorce?
The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, however is a question which the court decides upon. While the statutes are conflicting when it comes to personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of competent jurisdiction strives to strike a balance between the two, all the while holding the welfare of the child as the paramount importance. However, just because the custody of a minor has been awarded to one parent, it does not mean that the other parent cannot see or be in contact with the child. The courts in India are very strict to ensure that a child gets the affection of both the parents. The other parent gets visitation rights, the conditions of which are determined by the court.
Types Of Child Custody Arrangements In India
Primarily, a court of competent jurisdiction in India orders the custody of a child in the following three forms:
Physical Custody
Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with visitation and periodical interaction with the other parent. The aim behind such a custody award is that the child lives in a safe and fulfilling environment but is also not deprived of the affection of the other parent during his formative years.
Joint Custody
Joint custody of a child does not mean that the parents will both live together because of the child even though that what Indian courts believe is best for the welfare if a minor. It simply means that both the parents will take turns keeping the child in their custody. The rotation of a child between the parents’ custody may vary from certain days or a week or even to a month. This not only benefits the child as the affection of both the parents is not lost and the parents also get to be a part of their child’s life in those young years.
Legal Custody
Legal custody of a child differs from physical custody in more ways than one but the fundamental difference between the two is that legal custody does not necessarily entail having the child with you or being with your child at all times. Legal custody of a child basically means that the parent granted the legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.
How Does One Know That What Type Of Custody Has Been Granted?
Unless and until the order of the court specifically mention conditions similar to the ones discussed above, the parent who is awarded the custody of a child is not just awarded the physical custody but also the legal custody. Any other type of custody will be specifically mentioned in the order of a court and made clear to both the parents.
Who Can Claim Custody Of A Child?
The custody of a child can be primarily claimed by either the mother or the father. In case either of the two are deceased or not in the picture because of operation of any other law, the maternal and paternal grandparents, any other relative(s) of either of the parents strictly out of compassion towards the child can seek custody of the child. The Court can also appoint a third person to be the guardian of the child.
Who Has The Priority Claim To The Custody Of A Child?
The Hon’ble Supreme Court and other courts in India have reiterated time and again that in the proceedings for custody of a minor, the welfare of the minor is the only consideration, irrespective of the claims of the parties to the custody.
Who Will Get The Custody Of A Minor If The Mother Is In A Weaker Financial Condition As Compared To The Father But The Father Has Remarried And Has Kids?
The Mother of a minor cannot be discarded as the guardian just because she earns less than the father. The father has to provide for the child’s maintenance in such a case as it is a well-established principle of law that a step-mother has primary obligation of affection towards her own children and the father would be at work all day, and hence, the mother would be the better guardian for the welfare of the minor child.
What If The Child Is not A Citizen Of India, But Has Been Brought To India By Either Parent Who Is A Citizen Of India?
While dealing with a case of custody of a child removed by a parent from another country to India in contravention of the orders of the court where the parties had set up their matrimonial home, the Hon'ble Supreme Court has held that a child can seek refuge under the parens patriae jurisdiction of the Courts in India. Further, the Apex Court has noted that India is not yet a signatory to the Hague Convention of 1980 on “Civil Aspects of International Child Abduction”, and Courts in India must consider the question on merits bearing the welfare of the child as of paramount importance.
Conclusion
The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them.
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Law requires that at least one parent is always legally responsible for the child. Any change in the status of custody rights must also always be made in concern with the judicial system.
Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child's health, education, safety and welfare. Physical custody refers to which parent the child lives with.
Some of the factors that are considered when the court makes a custody determination are: (1) emotional and physical environment; (2) the personal safety of the child; (3) moral atmosphere of the household; (4) the mental and physical health of the parents; (5) the age of the children; (6) the age of the children; (7) preference of the child; (8) the prior behavior of the parents, including any history of abuse; (9) the ability of each parent to care for the child; (10) and the importance of religious upbringing within the family.
Once a court makes a custody determination, there are several possible custody arrangements that a court may impose. The court may impose: (1) sole physical or legal custody; (2) sole physical custody with joint legal custody; (3) joint custody. The term "joint" does not mean equal. Instead, "joint" means that the parties equally share the obligation to raise the child.
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Dear Sir.
My answers are as follows:
1. What are the options for me so that I can get the child for next 37 days. The school will reopen on 2nd June 2019?
Ans: Again approach the Family Court and submit as per the orders of High Court which has directed your wife to withdraw the petition.
2. I have filed execution petition before the trial court praying to detain her in civil prison for next 6 months for violating the said order which is contempt of court . will court take action on this or will be lenient?Ans: Evidence has to be led on the said application and orders will be passed on merits.
3. Now shall I approach the high court saying that despite the directions of high court dated 11.04.2019 the respondent is not handing the child and direct her to comply the order and take action for contempt of court?
Ans: You may file contempt against her and to struck of her defence in the Family Court.
4. Are there citations wherein the mother has been sent to civil prison for contempt of court in child custody matters?
Ans: There are very rare instances of such cases and at the most one day imprisonment was passed.
5. Any other suggestions to bring the child for this vacation? This Hon’ble high court of Karnataka will be on vacation from 29.04.2019 and after reopening the bench will change. The respondent is playing keeping this in mind. Kindly help me to get my son in vacation
Ans: You may take the help of police by filing an application before the Family Court to implement the orders with police help under Section 151 of CPC.
will husband get visitation rights If custody with me
Does my husband have the Visitation Rights if the custody is awarded to me by the court?
Answer
In most of the cases the Visitation Rights are awarded by the court to the parent to visit the child.
But in some cases the court can decline the visitation rights as well if the court can be reasonably convinced that visiting the child by the other parent will have any ill effects to the well being and growth of the child.
If mother gets custody of child can father challenge it?
After divorce can the other parent challenge the custody of the child? If after divorce the custody of the child is given to the mother can the father challenge it in another court of law?
Answer
The hon'ble court may pass such interim orders and make provisions in respect of the custody, maintenance and education of minor children and further wherever possible may alter the order upon an application from either party i..e husband or wife and after considering the same court will pass necessary orders for custody.
So, the father can challenge the said custody of the child citing grounds as to why does he believe that he will be the better guardian for the well being and growth of the child.
If child below 5 years who will get custody after divorce?
If Child is 5 years old who gets the custody after divorce ?
Answer
As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights.
But after the child has crossed the age of 5 years, the physical custody and upbring of the child will be considered by the court. So, if the child is in your custody then you can file a case under Guardian and Wards Act seeking custody of the child if your husband denies you for the same.
Who will get custody of child if parents unwilling to take custody
What will Happen if both the parents are not willing to keep the custody of the child?
Answer
Ideally, at such a tender age, the custody of the children should go to the mother.
However, since the mother is not interested in upbringing her own children, it is best that the children are taken care of by social services till they are adopted.
The chances of the children having a healthier future lies with those who are willing to take care of the children. The siblings should preferably be adopted by one family only.
denied to meet my child by my husband
My husband has denied me the permission to meet my child and he does not allow me to even talk to him. What can I do?
Answer
A parent can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
denied to meet my child by my wife
My wife has denied me the permission to meet my child and she does not allow me to even talk to him. What can I do?
Answer
A parent can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
Under which law can parents claim child custody?
under which Section can the Parents claim for the custody of the child?
Answer
A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
ustody of child below 5 years of age
Which parent has the chances of having the custody of the child below 5 years?
Answer
In majority of cases, the mother has the chances to have the custody of the child under 5 years of age. But it is the discretion of the court to decide that which parent has the capability to take care of the child. The welfare of the child is of paramount importance, thus the court shall also look into the financial capacity of the parent before granting the custody.
Wife characterless. Can i get custody of children if i file a divorce?
My wife has an affair and when I came to know about it, I apprehended her and the guy involved, and he apologized for it. This incidence has left a bitter feeling and I do not want to continue my marriage but my wife is not ready to give me a Divorce. I have 2 daughters aged 5 years and 7 years.
Is is possible by any way that I get the custody of my children if I file for a Divorce, as I do not want my wife's character to have a negative impact on my daughters.
What your wife has done comes under the ambit of Adultery, which during the subsistence of a marriage is a ground for getting a Divorce decree. Further, adultery by the spouse itself also amounts to cruelty and cruelty is also a ground for getting a Divorce under the Hindu Marriage Act 1955.
Remember it is always advisable to implead the adulterer along with the spouse to contest the divorce case as it will provide social and moral pressure on the spouse to come to terms to give divorce decree.
In respect of the custody case, your elder daughter has crossed the age of 5 years and at that age generally children have developed cognitive traits, wherein the court will elicit from the child about her choice that with whom she would like to stay. The children's interest will be the paramount consideration before the court for giving custody to the one parent against the other parent. Also, the non-custodial parent will definitely get visitation rights.
It may please be noted that for getting permanent custody of the children, the interested parent has to file a custody case, and contest it on various grounds as applicable. You may contest the same stating the impact your children can have due to the wayward behavior of your wife, and once the court is convinced that giving your wife the custody of your daughters would not be in the best interest and welfare of the children, you may be granted their custody accordingly.
Child custody in case of mutual divorce
Can anyone violate the terms n conditions agreed in mutual consent divorce petition after divorce? Suppose no access and no maintenance agreed can a husband still asked for access or custody?
Answers (2)
Though it was agreed and decided one can always demand modifications in the said decree by filing necessary applications in the concerned court either mutually or by contesting so there is no bar and matter do not ends there. You need to consult in person with advocate by showing all the necessary papers of you previous litigation.
How to claim child custody n belongings after getting expartee divorce
Hello sir...am a govt employee and my husband is a businessman...we have a 4 yrs old child..my in laws n my husband tortured me a lot regarding dowry so I approached a lawyer n gave a notice to change their behaviour n left to my working place with child..he then sent me divorce notice..I was not properly guided so I dint attend any of the hearings and the divorce has been granted..my gold n belongings are with them..how can I claim them..and maintenance of child....and what about the child custody...how I have to act now...whether to reopen the divorce decree or there is an another way to fight regarding this??
Answers (1)
Hi,
Normally a divorce is not granted by the court until a full term and cooling period is tried, in your case we will need to understand notices sent to you to summons and duration.
2) child custody and maitanence - custody can be sorted however any claim on maintance would be ruled out since you have a job and earnings
3) Belongings can also claimed through a petition
Parents torturing the child what to do
If some parents torture his child then what should do
Answers (1)
If you are aware of such situation you need to report it immediately to the Child helpline 1098. Then, the children will be taken out from the custody of their parents and will be taken into custody of the government.
Can wife hide details of kid after divorce
Hindu marriage. Wife left home with 3 year old child. Divorce filed in family court. Two counselling session over. Wife not sharing any details about son example which school he is studying, his health etc. When councillor asked to provide access she said as she works even on Saturdays not possible for her to bring child to family court. Left matrimonial house on her own and is now working. Was staying with her parents. Came to know she shall be shifting to new location. When asked her she refused to share details. Can I apply for child custody. Isn't it binding on wife to share her new residence address with husband and also inform court? Can wife even in front of councillor deny sharing information about child school? Wife staying in same city.
Answers (1)
You need to immediately file a fresh application in family court for custody and injunction. You need to injunct your wife on urgent basis so that she cannot uproot your child from the city. Once the child changes the city, you will have to file custody in the city in which the child will be. Therefore, to save the hassle please file for custody and injunction on urgent basis in family court.
Child Custody Rights of a father before divorce
My wife is living separately since past six months.Neither of us have applied for divorce.Due to health reasons,my wife left my daughter at her mother's place which is about 1000 km from my place.I tried to convince her but she refused to bring our daughter back.My daughter was living away from both of us for more than a year.I went to her mother's place and brought my daughter back.Knowing this, my wife travelled to her mother's place and filed a DV case against me.Per online status,court issued exparte order to handover my daughter to my wife but I never received the order.How to deal this?
Answer
You can challenge the exparte decree passed against you from the Court, you need to justify along with a proper justification that you never received any summon or notice from the Court due to which you could not attend the proceedings. You can file an appeal for child custody and challenge the orders of handing over your daughter in the appellate court.
How to record custody of child in written
My husband has agreed for child custody to remain while getting divorce on mutual consent. But I want it to be remain written in the decree that he will not claim custody of the child in future ever. Is it legally possible or notAnswers (2)
Yes it is possible but if it is decreed in progress of Court. You are advise to file case for custody of child and there during divorce on mutual consent the said case also decreed mutually as per your condition
Yes it is possible. When you file divorce petition you can enter your averment .it will help both of you if you decided Child custody in father. In future if any problem has given, on basis of this decree you can proceed .
Wife want divorce and child custdy how to stop her doing so
I dont want the Divorce. But My wife wants a Divorce from me and also want Child custody as well. I have two kids [Daughter: 4.5 yrs and Son 1.5 yrs]. Now she live in her parent house She even dont allow me to meet my child regularly, she dont want that i will pay the payment of my child schooling. In nut shell she want that i can meet my childs in an month. Can you pls advice where i stand and how can smooth the things?
Answers (4)
without grounds no one allow to get divorce. you have full rights to meet your child at any time and as many number you can. you can claim the custody of your children if you are capable and able to maintain.
You can file petition under section 9 of HIndu Marriage Act for conjugal rights. Also you can file for custody and visitation of kids. This case will also help you in meeting your kids as per the directions of the court i..e every week plus you can pay their fees etc. by mentioning the same in the court. Please dont worry. Let her come to court and file her reply. The mediation process in the court will also help you. But your petition is to be drafted and filed by an experienced advocate.
question regarding a fathers child visitation rights
My wife and I were planning to file for divorce by mutual consent and talks were going on. Issue was mainly due to differences and interference by her parents. We are Hindus, married for 14 years with 3.5 yrs Son. Now suddenly after a heated phone call between her mother and I, she has taken leave from work and shifted from our house in Bangalore to her hometown along with son and her parents without telling me. She called me after shifting to inform that she would be applying for divorce. Now they don't connect me to my son when I call and are not picking up phone. Are telling people that they would put my son in a school in their hometown. She hasn't quit her job in Bangalore. After divorce I wanted my son to spend with me alternate weekends and half of major holidays but she wasn’t agreeing to it. But now, before divorce, can they stop me from talking or taking my son out or bringing him to my home for few days? Can they put him in a school without my consent? Please advice.
Answers (1)
you are entitled for visitation rights to meet the child. No body can restrain you.. you can approach the courts for visitation rights. even if she files for divorce in that you can claim visitation rights
custody of girl child with wife's parents. Wife staying with other man
case filed by wife. Going on for past 8 months out of which she remained absent for the last 4 times repeatedly. She is staying with another man in another city. Our 3 year daughter is with her parents. During the last time even the judge fired her lawyer about her absenteeism. What is the next proceeding of the court in such case and how the proceeding are made and how to file for custody of girl child?
Answer
If the child is with your wife parents then you can file a case of custody under Hindu Minority Act and guardianship act 1956.
As per the said Act custody of a child up to 6 years stays with mother however after examining the paramount welfare interest of the child custody of the child can be given to father
Answers (1)
If she remains absent continuously then the judge will proceed with case which will ultimately benefit you. If the stage of case does not require her presence then her advocate presence is enough. If she do lead her evidence then you may win the case against her.
advice to appeal against interlocutory order under section 12 GW Act
URGENT family court passed order on 10/10/2018 as above to hand over the custody 8 month child to mother(mother abandoned the child five month back) with in 2 hour, did not allow time to appeal in high court. however in order of execution mentioned that respondent can move against to the order to high court. How can we challenge the order in high court double bench
Answers (2)
Hi yes u can move the Hc and tell the court all about it what is the matter and all what does the order say and all how much time limited was been given to u can go to the Hc and fight for it yes u can challenge the order in Hc and tell the court all about it
hello client as Ur saying tht the custody of the child of 8 months old has been given to her mother and the family court not even given the to me to go into appeal to the high court and with in 2 hours the orders has been complied by the help of the court orders so I have two move to high court urgently so you can get order into Ur fevour
child custody and maintenance after one talaq
hello I'm n my husband are muslim we have twin daughters of one year old currently with me... he stays in saudi im in india he gave me one talaq and now he wants to give child maintenance money through bank account he told me to make new account on the names of babies. I'm afraid to take that money as he might take Away my babies from me as he gives me maintenance money.. what if i dont take that maintainence money? can he still get custody even if i dont take that money?
Answers (1)
As per the latest Supreme Court of India Judgment, one Talaq is not acceptable So you can file a Petition against your husband that the Talaq is not valid and you can seek maintenance for your minor children. As the children are minors you have every right to receive the maintenance on behalf of your minor children. For this you can file a Petition before the concerned Court of Law.
father gave child in orphanage and asking him back after 21 years
Hello Sir/Madam, In 2013 a man had approached me because I ran an Orphanage wanting to admit his child under our care because his wife had died during birth, the baby was 10days old and was in a very harrowing state of health, we felt pity and accepted the Child in the best interest of caring for the baby. 21/2 years later the Father approaches us seeking to take the Child back, but we feel that he is not in a capable position to take care of the kid, however due to pressure we gave in and he forcefully removed the Child from our home.What are our options, as we know the Child needs morecare
Answer
In this case you can write an application with regard to the welfare of their child to the Court seeking remedy under the Guardians and Wards Act, 1890
How to get my son's custody
i m married on 1 june 2009. since marriage till now i was mentally n physically tortured by my husband n his family. n mainly he is unemployed n wants me to always bring money from my parents. i have two children from this marriage. one son of five n half years n daughter of two n half years. now we are separated. i have filed case against him in women cell also. he has forcibly taken my son with him...i want my son custody from.him.
Answers (3)
A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
Do not worry . For the custody of your child you should file a case for guardianship in the family court and also file domestic voilance case against your husband and in laws for all the wrong done to you. This will also make pressure on your inlaws and as he is not earing can b a ground to claim custody of your son
Custody of your son can be taken by you by filing a case under guardians and wards act in the court of law only because primarily it is the right of mother to have custody of child who is of tender age.Rest things will be taken care of by us further on discussions with you once u decide to file case in court of law
How to obtain the child custody paper
What is child custody paper? I need this paper for some official work.. I'm divorced and our daughter has joint custody of both the parents Where do I get this so called custody paper/ document? I'm out of Delhi so my phone is off. Kindly contact through e.mail Regards Sheetal
Answers (4)
Dear queriest,
The custody terms would be mentioned in the settlement deed entered into between you and your wife or in the divorce that was granted by the court. In case of difficulty please contact a lawyer with the case details and he would help you to find them.
You have not clarified how you got joint custody of the daughter. Further it is not clear if it was divorce by way of mutual or it was contested divorce. I presume that in neither case, it is clear about custody of the daughter.
So petition for custody of child can be filed in the family court. The judgment of the court in such petition, may be called child custody paper. Thanks
As per your query stated, the facts are not clearly mentioned.
If you are divorced then, at the time of your divorce decree was passed, every issue regarding custody of child would have been discussed and accordingly child custody papers would have been handed over to you or your husband.
If not, then it has to be applied. For further details, please contact.
if the cocnerned court passed an ordrer for joint custody then the decree is sufficient, or you are made a general agreement according to court decree or child custody deed also. if you want the more detail then contact me at my mobile or e.mail or at my office.
Wife took children along with her how to get custody for my children
The mother had gone to her fathers house with he two sons under Normal circumstances where the father of the children booked the tickets as a part of winter vacations , the mother had an alteration with fathers younger brother and since than has refused to come back and even not letting the father speak with children what are the legal options of the father . Children are both boys and aged 7 and 3 and a half years respectively
Answers (2)
in the present situation, the father has two choices regarding children
1. either to seek custody of the children however, the younger son is too young to survive without the mother but you can seek custody of the elder son
2. or you can seek visiting rights to your children
or in the alternative you can seek restitution of conjugal rights i.e file case to get back your wife in the marital home
You can always move court for seeking custodial rights of his children. Nobody can stop that. However, it may have its own consequences too. I would suggest to submit an application before women cell of your area requesting them to do counseling as you want to have your wife and children back and to start life afresh.
What if transferred case withdrawn and filled again at original court
My sister is separated for the last 5years. She has two kids. She leaves at Delhi now. We used to leave at jammu and she was married there. Her husband filled a case for custody in 2015 at jammu and was transferred to Delhi through Supreme Court. However, few months after it was transferred her husband withdrew case with liberty. Now he has filled same case again at Jammu. It's defeat the purpose of being transferred initially. Is it allowed? If not what should be done in this scenario?
Answers (5)
Hello,
Yes a case can be filed again, only under one condition when the petitioner/plaintiff has withdrawn the case "with the liberty to file it afresh on the same grounds" . if this condition is not met with then a person cannot refile it on the same ground. So u need to check whether the previous case while being withdrawn had the permission of the court to file it afresh on the same ground or not? Also considering that he had the permission of the court, then it will be a fresh case and u will again need to file a transfer petition before SC. You may of course refer your previous petition which was allowed in the SC while filing the same this time.
hello client hru,
i have gone through ur query which u have posted on lawreto.com
as per ur query your sister reside in delhi and ur sisters husband who have earlier filled a case of custody of childrens earlier but got it transphered to delhi and latter on he withdraws the case. and now again he has filled the same case again in jammu in this case you should get it trnaphered to delhi again and fight it
Custody of child if father abandoned mother during pregnancy
my child is 24month now and my husband dropped me at my parent's place when I was in 2nd trimester since then he lost all contact with us. hen thr are any chances tht in future i have to fight for my childs custody as well
Answers (2)
Dear client,
Try to contact your husband and talk to him for future life. If he not ready then send him a legal notice and file complaint case against him. And you can also file a case of maintenance
Yes as per law the child remains in the custody of their mother till he/she attains the age of 5 years after that you have a right to file case of custody of your child unless your husband claims the custody of the child.
Procedure for child custody after fathers death?
My brother-in-law died in a train accident on 23 April 2014, and my sister left that house after a week with a 2 year old kid and no property at all. She got remarried on 25 May 2015 and staying happily.Suddenly my ex-brother-in-law's family want us to make a adoption deed confirming that, this child is going to stay with the new family and you need to take our consent, otherwise they will take some legal action. I am not sure but this is all to acquire the property of my ex brother-in-law by their brothers situation. Could you please advice me if we can take some action and also what is the best possible way in which my nephew can get his rights. Please let me know what are the legal complications this situation can have.
Answers (3)
Mother z d first & foremost legal natural guardian of a child than father even. Who r they to ask u such stupid questions.Tell them to go to court..by showing adoption d child ll loose legal rights over his fathers property. Ur bro-in law has some property where d child can claim.so they r afraid of. Don't give any such consent.
dear sr
your nephw is now mnior so his total legal guardian is his mother means your sister as ab mother has complity rites on his child adoption deed can not make without his mothers consent .
Now the child is staying in his uncle's house ? In his birth certificate what is his father's name? To protect his property right do not execute any deed without consulting with an advocate. If possible file suit for partition
challenge the custody of the child
After divorce can the other parent challenge the custody of the child?If after divorce the custody of the child is given to the mother can the father challenge it in another court of law?
Answers (1)
For that firstly we have to go through order of the divorce petition and the orders passed regarding the custody of the son. Further as per custody of son is concern the law is clear that, Court from time to time , pass such interim orders and make provisions in respect of the custody, maintenance and education of minor children and further wherever possible may alter the order upon an application. from either party i..e husband or wife and after considering the same court will pass necessary orders for custody. so Father can challenge the said custody of the child.
legal guardian
I need to know about legal guardian for two minor kids.what kind of documents required for that.
Answers (1)
The Probate Court can appoint a legal guardian for minor children when it is appropriate. Each county in Maine has a Probate Court. Find a listing here.
Step 1: Get the required court forms and fill them out
You will need to get and complete several forms. Go to the Probate Court office in the county where the child lives. Explain to the clerk that you want to petition for guardianship of a minor child. She will give you the appropriate forms.
The courts charge for the forms, as well as for filing them. If you have a very low income and cannot afford this fee, you can ask the court clerk for a fee waiver application.
Different Probate Courts may require different forms. But you can get at least some of the forms you will need online here. (Find probate forms on page 2 of "all forms" pages. Or just keep reading to find form links below). If you use these forms, you will have to pay for them when you file them with the court. Pay close attention to the paper and ink requirements (link is external). The court will accept only forms that comply with those rules.
Here are the basic forms that all courts use:
The key form is the Petition for Appointment of Guardian of Minor. The person filing the Petition is the Petitioner. You can propose yourself as the new guardian or another person whom you think is qualified. Make sure that the person you nominate (the nominee) is willing and able to take on the responsibilities.
The second required form is the Child Custody Affidavit. On this form, you tell the court about where the child has been living for the past five years and what other parties may have a legal interest in your petition.
If you are claiming that the child is living in an "intolerable living situation," you must also file a sworn affidavit describing the specific facts. This form is called Affidavit of Petitioner for Appointment of Guardian of Minor Alleging Intolerable Living Situation.
Some courts will also require you to file an Acceptance of Guardianship form with your Petition.
If the child is, will be, or has been, receiving public assistance benefits (TANF or MaineCare), you will also be required to file a Statement Concerning Public Assistance form. Most courts require everyone to file this form. DHHS must be notified and may take part in the case, to see that child support issues are addressed.
Note: Go here for information about seeking a "temporary guardianship" vs. a "permanent guardianhsip."
Step 2. File the forms
You can file the completed forms either by mailing them to the appropriate Probate Court or hand delivering them. Keep a copy for yourself. Make a second copy if you will be doing your own "notice." (see next step)
Step 3. Notify the other parties
You must notify these people that you are petitioning for guardianship:
the minor child if he or she is 14 years or older and has not yet consented,
the parents of the minor child,
the person who has cared for the child for the 60 days prior to filing, and
any other person as directed by the Judge of Probate.
Getting "notice" means that these parties must get copies of the court papers.
This notice can be done by sheriff's service or by certified mail restricted delivery. In either case, this will provide you with proof that the parties got this notice. Because the mail process can be complicated, some courts will do the service for you, charging you for the cost.
Service by Certified Mail
Take copies of the forms you are filing with the court to the post office. You will need one set of copies for each person that you need to notify. Tell the postal clerk that you need to send the papers by certified mail. Make sure you ask for a "Return Receipt" and "Restricted Delivery." This costs more and involves a few extra steps. Get forms and help from your post office. File with the probate court clerk the green cards you get back from the post office, to prove that your forms were delivered.
Service by Sheriff
Mail or take the original and copies of your forms to the sheriff's office (one set of copies for each person to be served). In a letter, or in person, ask the sheriff’s office to serve the papers on the other parties. Give their home addresses. If you think that a party will be hard to find at home, give a work address or place where that person is likely to be. The deputy who "serves" the papers will complete the "proof of service" information and return the original to you. The Sheriff charges for this service (about $15-$30 per service).
Any party is allowed to "waive" notice if he wants to. Most courts will not accept a simple signature but will require that the signature on a statement of waiver be notarized. If any parties in your case want to sign waivers, check with your Probate Court to find out what forms they require.
In rare cases, where you cannot locate the parents, the court may allow "service by publication." This means publishing notice in a newspaper. The Probate Court must approve this method of notice, if all other methods fail.
Step 4. Probate Court hearing
What happens next will depend on whether the parties are in agreement or whether the matter will be contested. No one is required to reach an agreement. At the same time, an agreement can save everyone from a potentially long, expensive, and emotionally difficult court hearing.
By Agreement
If the parties agree, the process usually goes more quickly, with the court hearing being less formal. The Probate Court Judge still must approve the guardianship. She will look to see if the documents are in order and decide whether the guardianship appears to be in the best interests of the child. In most uncontested cases, the judge will approve the proposed guardianship. However, the judge always has the final say, even if the parties have agreed.
Contested Case
If the matter will be contested, it will take longer. The Probate Court Judge will hold a hearing, or a series of hearings. We strongly recommend that you get the help of a qualified lawyer who has experience with handling this type of case. If you have a low-income and cannot afford a lawyer, and you want guardianship of a child who already lives with you, you may be able to get a free or low-cost lawyer. Contact the Maine Volunteer Lawyer's Project (link is external) for more information. Also, the probate court can assign a free lawyer to represent you in limited situations; ask the court clerk about this. However, be aware that you do not have the absolute right to a free lawyer, even if you can't afford one. These are only some resources that may be able to help.
The child's parents (or present guardians), on the other hand, do have the right to a free lawyer to represent them if they cannot afford one. The court will appoint them a lawyer if they apply to the court and the court agrees that they cannot afford to hire a lawyer.
Guardian ad litem
In some contested cases, the court may appoint a guardian ad litum (GAL) for the child. A GAL may be a lawyer or psychologist or some other professional trained in children's needs. The GAL will interview all of the parties and the child. The GAL can gain access to the medical records, school records, and other documents which are relevant to the guardianship. The GAL may investigate you, including your criminal history, medical history, and involvement with DHHS. The GAL will then make a recommendation to the court as to whether a legal guardianship is appropriate and whether your guardianship petition should be granted. The GAL's recommendation is just one piece of evidence which the court will consider.
The court hearing: burden of proof
At the hearing, you carry the burden of convincing the Judge that he should appoint you as the child's guardian. It is not enough to believe that you would provide a better life for the child. The parents' Constitutional rights are at stake; the law and the court set a high bar. You must prove:
that the parents (or legal guardians) are unwilling or unable to care for the child, and
that living with you is "the best interests of the child."
Step 5. Court approves or denies guardianship
After hearing and considering all the evidence, the judge will decide whether to appoint a guardian. If appointed, the new guardian must file an Acceptance of Guardianship, if you have not already done so. If necessary, the Court will appoint a temporary guardian and/or a guardian ad litem until the new legal guardian is assigned and has accepted the responsibilities of guardianship.
Husband dead wife remarried will grandparents get child custody
if husbund is died and his wife do second marriage . chaild is 4 years old so custody going to be child granparents or not?
Answers (2)
Dear client if wife's second husband ready to adopt the child then custody of child remain with mother. File case in court for appointing as guardian of child. Once court appoint as guardian husband can adopt child legally. For any legal help call me
Adv Prasad Patil
Pune
No
Firstly mother is liable for get a custody of the child
If we prove in court that mother will not take the properly care of said child
And the future of the child is not well with the mother then Court will handover the possession and custody of child to us i.e to grandparents
Procedure to claim child custody as husband filed for divorce
Child custody for mother 07 year as per Hindu marriage act . Girl child is with father.father has filed for divorce.
Answers (3)
You have to file petition for seeking custody under HMA before the family court by disclosing the grounds in support of your claim of custody of child. Generally the custody of minor girl child is given to the mother, but overall benefit of the child is the main point of consideration.
The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him ,a gurdianship case will have to be filed in the family court seeking relief of declaration of morher as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts.Normally the custody of child of upto 5 years of age is with the mother and in the present case also the girl child being only 7 years of age ,the Court will most probably grant custody of girl child to mother .As the proceedings may take time and the girl child is in custody of father,a prayer for visitation rights of the child to the house of mother can be made for holidays and in vacations as an interim measure till the case is finally decided so that the girl child is not deprived of company of mother during pendency of the case .If custody is granted to the mother ,father will get visitation rights on terms fixed by the Court .
Kid of 8 years does not want to visit the non custodial parent
We got divorced in Feb 18 after a separation of 5 long years in which kid has no contact to her father as he never contacted us. After our mutual divorce as per the agreement we have visiting schedule. But every time kid will cry and doesn't want to come to visit. I have to convince some how and as per time it should be for 6 hours but it happen only for 30mins. What can be done in this situation if kid is denying for the visit. Also I am now married to someone else.
Answers (1)
Hi.... You can convince the kid to meet her father other wise father may file a petition in the court that, mother is not allowing kid to meet her father and mother is tutoring her kid not to mingle with the father.
Thank you
Regarding custody of child, please guide me about available options ?
We belong to sikh family.as my elder brother is married 3 years ago and they have one boy child whoch is 2.5 yrs old.from last one year there were dispute and small fights between my brother and his wife and now she wants not to stay with my brother and want divorce.and one thing more my parents has expelled my brother from all the property with notification in newspaper. And my brother is jobless too..so i want to ask the question can my brothers wife can claim any maintenannce from my brother or any amount of money as he is jobless and expelled from anscestral property moreover how we can take custody of the child.
Answers (3)
Yes, she can claim maintenance, no matter how less, but court will asign maintenance.
And second aspect, the custody of Child will remain up to 5 Years with mother. After 5 years you can file for custody and court will consider the paramount of child.
She very well can claim maintenance and beware of 406/ 498-A proceedings too. I dont intend to scare you but be cautious. About custody also mother is the natural guardian until the age of 5..
Can father get custody of 6 year old daughter
can I take the custody of my daughter or can court grant the custody
Answers (4)
Hi
Normally the mother is the natural guardian of child till the age of 5 Years under law. There is no bar in law which prevents handing over the legal custody of child irrespective of gender. You can claim custody by mentioning how the child can be benefited if the custody is given to you. The paramount interest of the law in such cases is child's future prospects taking into consideration the social, moral and financial background of the parents.
Yes why not, welfare of the child would be the paramount consideration in considering the custody of child. You can approach the honble court of competent court of jurisdiction according to the place of residence
While granting child custody court considers the paramount interest of the child. It is a logical decision of the court n not emotional. Many factors r considered like generally the court do not disturb the environment in which the child is at present. So it depends upon each case n detailed analysis is required abt what can be done in each specific case
Dear as per guardian and ward act, up to 7 year mother is considered as natural guardian of the child, after that if the child is male then it is easy for the father to get his custody, but in female child's case generally custody goes to the mother, but if the mother is unable to take care of the child due to any reason or the mother is character less having some affair only then father can get the custody.
Possibility of getting child custody of 4 year old child by father
what is the possibilities of getting custody of minor kid 4.6. Her mother left her 1 yr back and she is not in touch . I am taking her of education and upbringing. She is with my mother .
Answers (1)
Normally the custody of child below 5 years is given to mother but if you can prove that you are capable of looking after the child better then her mother the custody can be given to father, further there are many supreme court judgements which have held that welfare of child is more important then provisions of law. Hence there are chances that you can get custody even if child is below 5 years.
Can father take custody of one child out of two children
my wife has been taken my both chidren a 12 years and 4 years for 8 months . she refuse s to meet my children and alow to see . i have focus on my younger son. can i take my younger son 4 year forever or a child both of them. can i take a child ? is it in my favour? she wants to take both children and gave threat to me that you can not take any one so please reply soon .
Answers (1)
Regarding guardianship of a children many factors are involved. You should approach the court for seeking custody of your children. The court will consider the age of he child, income of parents, etc .
i have one girl child 5 yrs old. i want to know how can i meet my baby
i have one girl child 5 yrs old nd my wife living wid her parents and she has been do case against in me in women cell i wanna know how can i meet my child
Answers (1)
you can application before the civil court to meet you child and even you can apply for custody of the child but you have to prove that you cam look after the child in better way so that court is satisfied regarding the welfare of the child
can child custody be a term of condition in mutual consent divorce
my sister and her husband have agreed for mutual consent divorce.But her husband is asking for child custody as a part of mutual consent divorce.He left my sister n her 3 months old baby to her paternal home around 5 yrs back. Since then he never came see them even for 4 yrs . since last one year he is touch but not ready to take his wife and son to his home.
Answers (1)
Yes. The custody of the child can be one of the grounds in the agreement under mutual divorce/ section 13 of Hindu marriage act. But both of them should agree to the clause you can also mention the visitation rights of the parent who is not getting the custody of the child
Wife is separated i want to take my daughter for my family function
My wife is separated from me and not willing to be with me and also not ready to give me the divorce.. She took my 3.5 years daughter with her and also got settled with her brother who is married and their parents are also living with them.. She doesn't even want my daughter to meet me even.. She doesn't call me nor she make me talk to my child. My younger brother marriage is in April so I want my wife to be present and if she doesn't come at least my daughter should be with me.. Do I have the rights to take my child from her for a week or so if she doesn't come?? please help..
Answers (4)
In your case you may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree and you may also file a case for a custody of your child.
Dear client
Yes, you have legal option to get your wife and daughter back.
You can file habeas corpus writ petition in the high court directly if your wife and daughter are in illegally detention. By filing aforesaid writ petition court will summon to the respondent (her father/mother or the person whose house the carpus is currently residing in) to produce the carpus before the court.
Thereafter the concern high court will record the statement of carpus.
If she will express the desire to come with you before the court then court will give you the custody of corpus.
In case* she deny to come with you then it would be also good and helpfull for you in the trail of 125 cr.p.c.*(if she claims).
In this condition you have to file a suit in family court under section 9 restore consugal rights in hindu marriage act. And also mentioned there for rights to meet your child daughter. When she come in court hopefully court can send her with you.
Wife tried to commit suicide, how to get custody of children
I want to get my children's custody my wife is staying with children at her mothers house .there she tried to commit suicide and now she has threated to kill children if I do not give her divorce immediately. Already she has filled case for divorce under sec 13i a.and I have filled under sec 9 for her to come back. What can I do to get my children's custody and to make them safe. We are Hindu..Matrimonial question
Answers (2)
Without her wish you can't force her to stay with you. Try to settle the matter amicably with family counselling from expert counsellor. Mother is natual guardian of child hence no question of custody.
Hi for the safety of your children go for divorce under mutual consent under which you can ask for custody of children otherwise give her divorce than file case for custody. But still there are some restrictions to apply for custody.
What does "nature of disposal uncontested dismissed" mean
Dear Sir What does " nature of dispossal uncontested dismissed" mean? Not pressed Thank you in advance
Answers (1)
Hi,
Disposal uncontested dismissed means . The case is over with out contested by the opposite party.
And meaning of not press is the plaintiff /petitioner /applicant does not want to press the case .
Can i challenge the custody of children which was given to ex husband?
Can the custody of kids which is with my ex husband currently be challenged in case he is not allowing me to meet them or talk to them and is not taking proper care of them? I have taken Divorce last month and the custody of my kids is with my ex husband.
Before our Divorce was finalized, he was giving me the comfort of talking to our kids and also he was not going on tours so frequently. But now things have changed. Can I fight for the custody for my kids now?
I don't need their maintainence amount from him but just need the custody. Kindly advise.
Ans: Yes, you can challenge the order for grant of custody based on the ground of change in circumstances. You shall have to adduce evidence to prove to the Court as to why the custody should be granted to you.
We shall be in better position to guide you if we could know the reasons as to why the custody was granted to the father in the first place.
Was there any written agreement under which custody was given to your husband?
How can I get the custody of my 2 years old baby girl?
I wants separate from my husband.he is harassing me mentally.icant adjust with my husband.we have a baby 2yrs .I don't wants leave her with him .Will I get my baby before diverse.
Answers (3)
Yes legally mother is entitled to take care of baby and she is the first guardian. You will have the custody of your baby as she is only two years and only mother can take care of child at this tender age and if any case is filed for custody you have to prove that you are the best care taker of your child with all amenities for her future.
If u wants separate from your husband file judicial separation petition u/s 10 of HM act before family court judge and further u wants your kid with you file a petition under Guardian's and wards act to declare you as guardian of your child
Hi,
You can try to talk and settle the issue with the help of elders if still your not satisfied then you can file case against husband for harassment. For the custody of child it is different thing and he will have to file case against you for custody of child. Call us through website for assistance
Wife left husband along with children want to file for child custody
after 3 yrs of marriage in Hindu religion, my wife does not want to live with me. She quarreled all the time and make the things worst. hamesha kisi na kisi bahane se ladai kark apne ghar chali jati hai jo ki local delhi me hai. Main apni family se 7 to 8 hundred Km door akele rahta hun. Wife k ghar wale bhi isk support me rahte hai aur mujh par jhoonte iljaam lagate hai ki main ladai karta hun ya marta hun. Mere do chote baccho (2ys old daughter and 4 m son) ko mujhse door kar dete hai, mujhe akele rahne par majboor karte hai aur paresaan karte hai ki main Divorce le loon Please suggest if there is any chance to save this marriage or to get back my kids from her after divorce as I love my kids..Also what could be the other consequences or cases that their family can impose to my family i.e my father, mother, brother and sister. my wife also does not want to mingle with my family and wants me to give privileges to her family and their other local relatives but I treat the same as she
Answers (2)
Sir, You can go for section-9 of HMA where court can order your wife to live together...I will not suggest you for divorce unless you ready to give alimony to your wife and yes she can create a case against you or your family for that please report a complaint before she do.
In Your case you may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree, for clearing your doubt you may book a consult on phone.
Clarification on visitation rights of a father
Both Husband and Wife file petition under 13(B)(1) and First hearing is over. Now if husband does not appear for the final hearing, what will happen to this case? Also in the petition document its mentioned that Wife will have custody of the child(2 years old). Does this mean Husband cannot even visit the child? What kind of rights does the Husband have regarding custody of child as well as visiting the child? Should Husband mention about the visiting frequency and timings in the petition document or it can be verbally discussed with the Wife?
Answers (2)
Before filing a petition, parties rights with respect to alimony, property and custody should have been settled. Seems, it is not settled as per your query. Consult your lawyer to make necessary amendments.
Hello Sir/Madam,
If the Husband did not appear in the final hearing of the mutual divorce petition (even after the court grants some time) then the court would not grant divorce. Also when the child visiting frequency and timings are not mentioned in the petition it will be difficult to establish the same as a right in case if the wife doesn't adhere to the timings and frequency and creates any issue.
Maintenance of a major girl of 18yrs. Are the parents not responsible?
This case belong to a Hindu girl who was bought up by her mother after taking divorce from her father. Now the mother wanted to get married to a man who doesnot want this girl to accompany her mother. On the other side father of this girl got already married and leading a happy life. So both the parents are not concerned about this girl. She has 18 yrs yesterday only. Pl give us any solutr
Answers (2)
Hi,
As she is major she can do as per her wish but is she complete her studies and what happened to parents of her mother she can live with them if they are alive. She can claim maintenance from father until she marry.
Both the parents are liable to maintain a girl child until her marriage and they are bound to pay her maintenance and educational expenses. “However, there may be cases where a daughter or a son, even after having attained majority, may not have sufficient financial capacity to maintain themselves and they continue to need the support of their father... These are real-life situations. In such cases parents are bound to maintain children.
For my 1nd half year girl child custody
Hello, me ek govt. teacher hu. Mera divorce 15 Nov. 2018 ko Islam religion k nusar panch commity k presence me hua hai nd muze 1nd half year ki bachchi hai but divorce k time mere pati k tarf se bahut pressure aur paison ki mang k karan muze mere beti ko dena pada nd unhone stamp paper par likhava Liya ki beti ki responsibility uske father ki rhegi aur but muze Meri beti chahie. Kya mein court k trf se custody case dalkar mere beti ko vaapis laa skti hu kya because she need me. Pls reply fast.
Answers (1)
Dear queriest, as per your query according to Indian Law the custody under 5 years of old child always remains with the mother, so you are for sure required to file for custody of your child before the honorable court so that the same will be with you.
custody/visiting rights of grandparents
Daughter-in-law lives with her widow mother with the granddaughter who is now six and half year old since last seven years. Her husband, I.e., the son lives with his parents. Son occasionally visits his daughter. How the grandparents, I.e., the parents of the son may obtain visiting rights at their residence or custody of their granddaughter? Do they have any legal remedy? This is a Hindu family.
Answers (3)
Hi
I read your matter very carefully I want to inform you that I have subsequently deal with this kind of matters.
Yes off course you have every right to see your grand daughter.
But still I want to know the every aspect of your matter.
Everything is taken care by me and my team.
I do not understand the story properly. However, I wants to say that, the Grandfather or Grand Mother whatever may be have no right to take custody of a grandson or granddaughter if their father or mother i.e., natural guardian is/are alive. But the Court may permit them to visit their grandson of granddaughter occasionally, on humanitarian ground. There is no legal provision in favour of grandfather or grandmother.
You can file a petition under Guardian and Wards Act seeking custody of your grand daughter and you can file petition under this act for obtaining visiting rights of your grand daughter. You have to file this petition before the District Judge of your district.For further help you can contact me through mail.
Who will get the custody of my child?
I was married 4 years back. Me and my wife are not staying together since 2 years. With this wedlock of 4 years we had a girl. So my girl child is with my wife. How can I get the custody of my child before divorce?
Answers (1)
Sir, legally you are not allowed to take custody till your child attains seven years of age but by filing necessary application you can avail the visiting rights and other reliefs by the court order. So kindly meet in person for detail discussion.
Where can I file a change of child custody suit
Divorced 5 yrs ago on mutually agreed terms. Physical custody of, now 11yr old, daughter is with my ex -wife. I am unhappy with the way my daughter is being raised and there is often frustration of my visiting rights. Want to know my legal options. Daughter was born in Hyderabad, Divorce was pronounced in district court Panchkula and the daughter is currently residing at Delhi with her mother. Where can a file a change of custody suit?
Answers (1)
You can imitate the proceedings for change of custody of the child where the child is residing presently I.e. Within the jurisdiction of the concerned district in Delhi.
The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.
The court is parens patriae, the ultimate guardian of the child and her/his property and so minor's property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be 'the best interest of the child'.
How to claim visitation rights after first motion in mutual divorce
My wife and myself have recently filed for mutual consent divorce under 13(B) of HMA. The second motion is scheduled after 6 months. We have a 5 year old son from the marriage. The consent terms filed along with the petition specify that the custody of the son shall be with mother but do not mention the visitation rights of the father. What will be the correct procedure to claim visitation rights of father. Do I need to request my wife to jointly modify the consent terms before second motion or should I file a separate application in the family court aside from 13(B) petition for grant of visitation right?
Answers (1)
As you and your wife have filed mutual consent divorce petition, it will be better that the issue of visitation right is also resolved between both of you by mutual consent and then you both may file amendment to the 13B petition. If your wife does not agree on the point of visitation, then you may file an application under s.-26 of the Hindu Marriage Act,1955 for the visitation right.
How to get the custody of my child
If the husband was clever and cunning enough to collect some proofs of his wife's extra marital affair...not very strong proofs but still, something to indicate to the court that possible that something existed...what are the chances of the mother getting the custody of the minor child...(this is the only allegation)
Answers (2)
The Court will see the age of child and will see whether child is a boy or girl.The Court may also consider if you are available to look after child and if you are working,who will take care of the child in your absence . The Court will also consider your financial capacity to take care of needs of the child.Normally the custody of girl child upto the age of 13-14 years is granted to mother and even in case of boy ,the Court may consider granting custody to mother considering the age of the child.You will have to file application for seeking custody and how far allegation made against you by your husband will be held against grant of custody of child to you ,will depend on the Court.
You can file a application for custody of child before family court under gaurdiansbip act.
The court will hear both the parties and decide the custody of the child for better upbringing with which parent
Can adoption can be cancelled once it is registered?
My father has an younger brother(my Chacha) who doesn't have children, in my house we are 2 brothers(i'm younger). I went to my chacha home as adaption at the age of 25yrs (adaption deed made as I went at 14 yrs). Coming to the point: My own father has 32 acres of property,the whole thing goes to my brother only. Where as chacha has 14 acers only ,it comes to me. But while giving me to adaption..they promised verbally that they will share the properties equally. Now I want to cancel the adaption,& want to go back to my own parents...& to fight against with my brother for equal share. My question: Is the adaption can be cancelled once it is registered?
Answers (1)
Section 15. of the HIndu Adoption and Maintenance Act says Valid adoption not to be cancelled. –
No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth.
Can I get my childs custody even if I'm being charged under adultery
I could be charged under adultery by my husband, but I would like to file divorce and file for childs custody Hindu law
Answers (1)
Dear queriest, as per your query you have mentioned about the fact that your husband may file adultery, but the legally I would like to state that women's are not charged adultery as per Indian Law. yes you can file for divorce if you want to since you must be guilty of your act and also the same may have some influence on your kids.
Who gets the child custody if a case if filed in the court?
Mera question hai k baby child custody ka haq kisko h maa ko ya baap ko
Answers (3)
7 saal tak mother. Uske bad who prove that his or her guardianship is much better will get the custody. It must be shown that one can take better care and can give better life to that child . Court may ask the opinion of the child , with whom he/she would like to stay.
Dear client generally custody of child remain with mother up to five years age naturally. After that if father apply for the custody then court see whether who is more capable to provide child better environment for child's growth. Other circumstances like financial aspect and character also consider by court while deciding custody. For any legal help call me
Adv prasad patil
Hello,
In child custody case paramount welfare of the child is considered first. In some cases if child is above 7 years at times even they are interviewed by the judges. If its infant then the custody of the child is with mother.
how can i get custody of my Child?
my wife has taken my child to Pune where she works. i am not able to trace her now. i want the custody of my child how can i get it. where should i file for custody in PUne or Chennai?
Answers (2)
Sir, you have not mentioned the age of your child, still you may file petition for restitution of conjugal rights and also an application u/s 91 of Cr.P.C. issuance of search warrantaagainst her and all these proceedings can be filed at Chennai.
Husband has filed child custody under muslim law children with me
Hi,can you please tell me the proceeding for muslim child custody in the Bangalore family court.What is the procedure to follow after one receives summons from the court on child custody?According to Indian Law whom does the child custody go to if the children reside from the mother from birth?
Answer
The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat and it can be enforced against the father or any other person. The mother's right of hizanat was solely recognized in the interest of the children and in no sense it is an absolute right''
'Son—''Among the Hanafis, it is an established rule that mother's right of hizanat over her son terminates on the latter's completing the age of 7 years. The Shias hold the view that the mother is entitled to the custody of her son till he is weaned. Among the Malikis the mother's right of hizanat over her son continues till the child has attained the age of puberty. The rule among the Shafiis and the Hanabalis remains the same.''
Daughter- Among the hanafis the mother is entitled to the custody of her daughters till the age of puberty and among the Malilikis, Shafiis and the Hanabalis the mother's right of custody over her daughters continues till they are married. Under the Ithna Ashari law the mother is entitled to the custody of her daughters till they attain the age of 7. For further clarity reagrding the Court proceedings in Bangalore, it is suggested that you avail the services of an Advocate.
The procedure of Child custody when the son is 12 years
Hello sir/ mam, My wife took away my son from school to her native, it's been one month and not allowing to talk to him (even on his bday). Will I get my son under child custody acts. FACTS. I am earning better salary than her. I own a house in blore and she doesn't. I have rental income I have my sister's children who are close to my son. And her brother is settled in USA. MY Son school is near my home. And she took him between his exams. I pay his schooling expenses. My son is attached to me as well but the worry is she, together with her parents w'd have brain washed him. I spend more time with him as my job timings is 9-5 and hers is 9.30 to 9.30 pm. My mother takes care of my sons other needs. My mother takes him to music classes. I and my wife drink on social gatherings and i smoke. Please advise. Thanks in advance. Regards Satis
Answers (1)
Hi...sir you can file a case for divorce and child custody . Before that you have a talk with her pertaining to her stand then also she is not ready to settle with you you can go for divorce.
Thank you
getting child custody of son who is 6 years old now
My wife has left me for 4yrs now for no reason but yes i know she wants to live with her parents as always. she has taken our son who is 6 yrs old now. i want to know what are the chances that i can get my son back Awating for your response
Answers (1)
you can file a case under Guardians and Wards Act, claiming custody of your son before the family court. and further you can also file a case against your wife for reinstating your marital life which also called as restitution of conjugal rights.
You have to file petition for custody before the family court of Pune. You can file before the family court of Chennai, but there is a strong possibility that the said petition will get transferred to Pune.
Do all the correspondence on her permanent address.
U/S 7-Compliance of Interim Custody Order / Guardians & Wards Act 1890
After cross ex. of Father& his Friend Trial Court passed the interim cust. order of the minor girl child aged 2y in favour of Father & directed the Nna-Nani to hand over the minor before 5.10.2015 & inform the court on hearing dt 15.10.2105. On 30.09.2015 Nna-Nani challenged this order in HC, here they don’t get stay but final hearing is still pending. What action Trial Court & Applicants lawyer can take if Respondent asks for compliance? (Because as per the system first of all Respondent has to submit the reply of 151 & same time he has to inform the Trial Court regarding non compliance.)
Answers (1)
As there is no stay you may apply to the court for execution of the order passed in your favour directing the opppsite party to hand over the custody to you. You may also file the requisite replies and par the HC that the appellan be directed to comply pending appeal.
How can I defend visitation rights by father
Respected sir/mam, I want to know how can be visitation denied to other parent. Being a mother of 1.5 yr old son. I don't want to provide with visitation to his father. His father is a big crook, liar, alcoholic, abusive and play politics & harm othersrelationship. I have proofs of his alcoholic and how he talks. He is a Casanova types and I have the only contact no of the prostitute to whom he has contacted and his friends audio recording of his relation with girls. please help out. I will be obliged if you will tell how to deny visitation.If I denies in court for visitation.Is it effective?
Answer
Denying visitation rights to husband is very difficult. Such harsh judgement is given by the courts only in extreme situations. You can convince the court that the husband is a bad influence to the child or is of a bad moral character or a habitual drinker etc. and after that its upto the court's discretion to deny the visitation rights or not.
Husband is torturing wife wants to file for divorce and child custody
My sisters is regularly mentally tortured by her husband and in laws for money .every time threatened for murder by her husband.my sister have a boy child of 4 year old .what can she do now for divorce and child custody.please help my sister.she is now with her husband in their home and her husband working in Jemco prvt company in jamshedpur,jharkhand . Please suggest my sister how can she get divorce and child custody. Thank you
Answers (2)
As per ur case u have to go to S.P OFFICE RELATING THE CASE. FILE A FIR IN LOCAL POLICE STATION WHERE UR SISTER IS PRESENTLY RESIDING. As per criminal law u can file case against ur sister husband and also claim custody of child
Hello,
Have gone through your query it seems your sister has been facing mental and physical abuse of great extent
Therefore I suggest your sister to file a complaint case in the CJM against mental cruelty and domestic violence at the same time ask her to file a divorce case in the family court stating the reason of mental cruelty and physical abuse (domestic violence)
The Child is generally handed over to mother till she doesnt marry another man and your sister can claim maintenance under section 125 of Crpc after divorce and she will be maintained by the certain salary percentage of the husband.
Trying to get custody of child by violating the high courts order
My wife filed for Habeas Corpus petition in High Court of Karnataka with intention of getting custody of the child over 5 years. The Honourable Court disposed of her petition and directed her to approach family court to apply for child custody and also the order is published online. Within 10 days of the order my wife forced her way into matrimonial house with help of police saying it is her matrimonial house whereas it is also residing place of the child. Does it not mean she has violated the court order and tried to get unsolicited custody of the child. After occupying the house she also approached Commissioner of Police and NGOs and lied about the proceedings. Later she filed petition under domestic violence act and did not mention about the order of High Court of Karnataka. I want to know what legal action and under which section can i file for appeal in the JMFC court, Navi Mumbai
Answers (1)
You will file appeal against which order? You should file for divorce and custody of the child. You cannot remove her out of the house unless you get divorce but you can get an injunction order from the court saying that your wife cannot take the child out of your house. Meanwhile,
Wife gave divorce on deed and confirmed the child custody also
Wife wanted speedy divorce so she prepare Divorce deed which is execWife uted on 100 stamp with witness and notarized. I am aware now that, being hindu, we need decree for divorce from court. However we both are educated and have two girls (4.7 and 3 year) in wedlock. In Divorce deed, she has given child custody to me and also accepted adultery as a reason on that. Cutting to the short, then she filed 498a on me and child kidnapping Complaint on me which was dismissed. Based on Divorce deed and threat email, high court provide free police protection to me and my girl from wife. She filed kidnapping case and search warrant at district and high court and Petition dismissed on admission. What is the validity of Divorce deed in the context of Custody as indian contract act 22 validate the deed too. Deed says in event of decree from court require, both party need to cooperate. One child is studying for 2 year. My advocate is confident on deed agreement. Need pro advices.
Answers (2)
Sir
As per Hindu marriage Act, Marriage can be annulled only by a Decree of Divorce. However, there is an exception, which provides that were the customs between community permits customary divorce, then such marriage can be annulled as per the customs, and no divorce decree is required. In Patel Community customary divorce is permissible. So validity of your divorce deed would depend upon your cast / community.
Should you need any assistance then feel free to contact.
Mutual consent divorce deed is not legal. You have to file a joint petition for mutual divorce in the court having jurisidiction, and after waiting for a period of six months the court shall grant a decree of divorce. Any deed executed before a Notary is not valid. However, you can use it as proof to establish your wife’s adultery in court and prevent her from getting custody
Is a promise not to cheat made on stamp paper be valid in court
I want my husband to write out all the cheating he has ever done and to write a promise that he will never repeat it and if he does then he will not have any claiming rights to our son. Is it possible to get it on a stamp paper? Will it hold good in the court of law? ( I am a Muslim)
Answers (1)
Madam,
It will not hold any value as you proposed to do. It may right that he had made fraud on you and also for a certain extent he had made promise that he will not repeat it in future.
But is cant be predicted now at this stage. Better your do one thing and do from the court or mediation center. I hope that agreement get more value, Apart from other, these are wont stand.
Procedure for implementation of order for custody of child by court
Dear Sir/Madam, I’m from a Christian background married a Malaysian Hindu girl and the marriage was solemnised in india and not registered in Malaysia.I have a 3 years old daughter who was born in India.My wife’s father has taken my daughter to Malaysia without my knowledge and consent.My daughter travelled in a tourist visa and it’s already expired and staying there without visa. I have filed a Habeas corpus petition and got the court order to bring back my daughter to india but till date they didn’t come.What’s the next step I must take? Please guide me and help me to bring back my child.Thanks in advance.
Answers (1)
You have taken prudent steps to bring your baby to India but unfortunate that have not obeyed the order of the hon'ble court hence it is very easy to bring her back to India by filing a contempt petition where you have to make embassy also as one of the party, who has to implement the order of the court that's all good bye
Procedure for implementation of order for custody of child by court
Dear Sir/Madam, I’m from a Christian background married a Malaysian Hindu girl and the marriage was solemnised in india and not registered in Malaysia.I have a 3 years old daughter who was born in India.My wife’s father has taken my daughter to Malaysia without my knowledge and consent.My daughter travelled in a tourist visa and it’s already expired and staying there without visa. I have filed a Habeas corpus petition and got the court order to bring back my daughter to india but till date they didn’t come.What’s the next step I must take? Please guide me and help me to bring back my child.Thanks in advance.
Answers (1)
You have taken prudent steps to bring your baby to India but unfortunate that have not obeyed the order of the hon'ble court hence it is very easy to bring her back to India by filing a contempt petition where you have to make embassy also as one of the party, who has to implement the order of the court that's all good bye
First of all if you get separated through a decree of divorce then you are required to pay maintenance to your wife.Secondly it's rather impossible for you to get custody of your 3years old son because upto 7years the legal guardian of your son is his mother.You may file for his custody and have to satisfy the Court that if the son's custody is given to his father then it would be for the son's betterment.
Law can't permitted to throw out your parents and demand of your wife is absolutely illegal on that grounds you can get Divorce from your wife and regarding child custody if your wife failed to provide better education /nutrition / medical to your children then you are legally entitled to get your child in your custody
It is quite sad that your child has to see all these along with you.
If you file for divorce first there are chances that ur wife might lodged Criminal case against you and your parents just take revenge.
In case you wish to file for Divorce, collect evidence against your wife by recording audio video where in she is fighting with you regarding your parents. If possible set up CCTV cameras on grounds of theft. Lodged FIR/GD in local police station if she threatens you to harm herself or threatening to lodged false complaint against your parents.
For your Son, court will see who can take best care of the child. You will have to pay maintenance for both your wife and son if she is not earning and not educated.
consultant a lawyer and plan it and do it. Or she will move away with the child and you will have to file for custody.
Child Guardianship through court once divorce is granted
The situation is that divorce is about to be finalised as exparte divorce as the other party did not show up in the court despite receiving notices. We now want to apply custody /guardianship - the child has been living with the mother for the last 5 years and is 13 years old. My question is ; How long would the case go on for? and can we apply in district court after divorce is final? If any lawyer can help fast track the process then happy to chat.
Answers (1)
First off all you need to understand that divorce case and custody are two different cases. but both the cases are interlinked. as per my understanding goes, you are almost on the verge on an exparte divorce decree. from what i understand the getting of a decree exparte means that your wife is not rebutting your claim made against her. this can be used a weapon in custody case.
can my husband have the custody of my child?
I have six month baby. My husband want divorce from me. I want my baby. If I m demanding any amount from my husband. He will take my baby after 7 years. Is it possible. I want the details about it from u.
Answer
It is improbable that any Court would grant custody of a 7 year old child to the father. Custody orders are made dependent on various factors such as the age and sex of the child. The most important consideration is who can promote the welfare of the child by giving it time, proper care and attention.
Does the woman always get child custody?
I'm thinking about filing for a divorce, but I am worried about custody. What are the different factors a judge will weigh when thinking about custody.
Answer
The welfare of the Child is the primary criteria for deciding the custody of the Child. Along with that age of the child plays a major role in deciding the custody.
Generally, the courts give custody of young children to the mother on the ground that, children of tender years cannot manage without maternal affection. The earning capacity of the parent does not really determine the custody, but the capacity to provide safe and secure enviorment does.
Wife is a christian want separation converting child into a christian
I married to Christian lady In 2003nd blesing was done by church in 2011.i have 2yr 9month boy child leaving now with my wife at her Aunty home.I left her there out of my anger and now she not ready to come back.we wel living in our own home separate from my parents.now she says not loving me more and need separation out of court and I should not claim for my so .she want to convert him to Christian and all of this happens cos of her mothers interference who live in rented house near our home and wife was use to stay during our marriage life for whole day since 3yrs.guide me to get my son
Answers (1)
If you dont want to take divorce from your wife, then file a petition u/s 9 f9r restitution of conjugal rights. This will help you in saving your married life and custody of your child. This petition should be filed by you at the earliest without wastage of time under cinsultation with a lawyer. This will make a safe guard for you from harassment from your wife .
Can you file for Child Custody without Divorce
me and my wife are living separately since the past 2 years and I have a 4 year son who lives with her mother in Kolkata. Section 9 RCR pass in my favour. can I file child custody with out divorce.
Answers (4)
Look. As per Law, till 5 years age of a Child, mother custody is the best custody. Therefore, it is quite negative for your side to file custody for your son at this present stage. Please after attaining 5-6 years you can proceed for it. and it will be better.
Custody and divorce are two different things. You can always fight for your custodial rights without going for divorce. But i will suggest till the time your son attains the age of 5, hold on. After that file your custody case. For that you need get the details of the whereabouts of the mother. Filing these type of cases need time. You need to accumulate the evidences and then proceed. For that we need to sit and strategize. I have an office near High Court and a chamber at Prince Anwar Shah. My name is Debangshu Dinda, i guess you can find my contact details in the site itself or you can always get in touch through linkedin by typing my name. Feel free to give me a call and we will strive to give you the best of relief.
Normally a minor child of below 7yrs. is kept with her mother's custody. In some exceptional cases father can apply for custody of such child before Ld. District Judge. Well being of the child is major factor for that decision of court.
You can file the same but it should be mind it, the Ld. Court may allow your submission if you success to prove some essential requirement, like for better education, care, caution, status, your Income etc. If U have the same, I can do this as a Lawyer.
Want to seek custody of my daughter given in adoption
In the year2014 my in-laws refused to accept my daughter so my dad had given her to sum couple in Chennai,now when I am capable of keeping her , that couple refused to return her.plz help me .... Is there any law that can get me my daughter back....Nd yes I have not given her on any written agreement or anything..Still I m not able to do anything bcoz of my in-laws....M Hindu girl
Answers (1)
As per ur case u have right get back the urs dauggter from couple in chennai .As ur father gave ur child to them due to irresponsibilty and ignorance shown by urs in laws .As adoption is applied for those child whose natural parent are not alive but as u being natural parent u have right and adoption by them us invalid U may file case in court for legal right over ur child .
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Can I take my sister in law's daughter's custody from her husband?
My sister in law expired in 2014 and I want custody of her daughter from his father. Can I get the custody
Answers (3)
Sorry sir ap custody le nhi skte... lekin yadi ap daughter ki custody lena chahte he to uske father ke against evidence collect kre ki he is not a good father and gives ill treatment to his daughter... Phir uske against complete file laga denge
no, not possible. as he is her natural guardian.
Yes you can file the case against them for child custody and prove that child,s father not capable to give good life of the child . That is the only way to get child custody from his father or any other.
Validity of foreign judgement passed in UK
I'm an India national currently reside in the UK. My wife and 6-year old daughter lives along with me in the UK too. Our permanent home is in Noida. I have currently filed a divorce petition in the UK (yet to be served). My question is related to the child custody. If my wife decide to leave UK after the petition has been served. Can she seek legal help in the India to forcibly repatriate my daughter from the UK? To note, my wife is currently unemployed and has mental illness is being treated in the UK currently. Religion: Hindu
Answers (3)
If your marriage was solemnised in India then the foreign divorce decree will be given finality here. She will have rights to institute the case in India for child custody and age and nationality of the child may be taken into consideration amongst other factors when deciding the matter
Sir there is some loop hole as when the wife is suffering from mental illness then how could you file the petition for divorce and how did the senet in UK accept the petition . As only Indian court accept this type of petition . And on other hand why would she come to India with out the kud and how will she get the visa for same
As you have filed divorce on ground of mental illness . Am I right or wrong .
You should take up the custody issue in UK too. If she come back here there is nothing you can do to stop her from filing a case against you with respect to any aspect of matrimony whether divorce or custody. However you can take certain preemptive steps to strengthen your custody issue for which we will need to discuss in detail. Feel free to contact me for a detailed consultation via telecom or email.
Unmarried mother wants hindu child custody of 10 month baby girl.
We r hindu. I m unwedded mother. Baby is 10 month girl. Her genetic father don't want baby. I put in birth certificate of the baby both parentsts name. Father want to remove his name from it. I want now new birth certificate as a single parent. Mother name should be mine, where as a father name should be blank. How to make it?
Answers (1)
hello...... now read ur question if u want become mother of that girl that u made 'Adoption DID' and take her in adoption if the father agree for that then thus option will good..... as per the adoption did u can appear to municipal corporation office and adds ur name in his birth certificate....... any questions call me...
Wife ready to give mutual divorce but not giving child custody
is father of a child no less than a beggar in indian law, my wife is a child specialist, she has not been staying with me since more than 2 years. I cant keep my child at night with me. my child is 2.7 years old. He is very comfortable with me. But i am threatened about police complaint etc. She is willing to take a mutual divorce, but obviously she is not willing to give me custody of the child. Hence my Question is : ISNT a father nothing less than a beggar in indian law. we just have to give into a girls demands. i am hindu by religion.
Answers (2)
Dear client, I can understand your feelings, but this is the time to remain very calm and quiet, just think how these why these issues started,when both of you have a sweet child and both of you are loving him,then there are till yet 20 percent chances you both will come together once again.As per humanity and child psychology point of view when children are dependent on mother their possession is given to mother but that's not the rule.in your case as mother being a doctor and in busy schedule you can claim for possession as you can give him good time and best servings.As you both are in the stage of divorce, if you remarry can next wife love him,Police have no any right to take action against you, as section 498A is quite restricted for police. If you require any help do not hesitate to contact.
DEAR SIR,This is a secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, though in certain matters, the court will give consideration to the personal law of the parties. The provisions of the HMGA (and other personal laws) and the GWA are complementary and not in derogation to each other, and the courts are obliged to read them together in a harmonious way. In determining the question of custody and guardianship, the paramount consideration is the welfare of the minor. The word `welfare' has to be taken in its widest sense, and must include the child's, moral as well as physical well-being, and also have regard to the ties of affection.''
The English and Indian decisions are replete with such statements that : (i) the children of tender years should be committed to the custody of the mother, (ii) older boys should be in the custody of the father, and (iii) older girls in the custody of the mother. But these are judicial statements of general nature and there is no hard. and fast rule. As to the children of tender years it is now a firmly established practice that mother. should have their custody since father cannot provide that maternal affection which are essential for their proper growth. It is also now ac for proper psychological development of children of tender years ma is indispensable.'
The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. Under other personal laws, though it is no such statutory provision, the Indian courts have consistently taken view
Under hindu minority and guradianship law says that
Can child custody be filled if maintenance case is going on
Hi, I have filed a 498a on my husband in sep 2016 in rajahmundry. I have filed a maintenance case on Nov 2017. I have a 5 year old daughter who is currently in ukg, she will be going to first standard. Her father is irresponsible from the beginning, he never took care of her. From last two years, he didn't even speak or tried to contact the kid. He didn't even file for child custody or divorce. I am taking care of her completely even with respect to her finances are without compromising on standards. I am currently not working and we are staying with parents in rajahmundry. My kid is studying here in rajahmundry itself. Now, in aadhar of my kid, she inherits my surname whereas in birth certificate she has her father's surname. Can my child inherit my surname without any legal process? Can I file for complete child custody with maintenance case going on in parallel.
Answers (1)
Hi,
Yes you can file a case for custody of child it can go parallel with the cases you have filed as of now. Surname is something which can be as per father in most of the cases but as you have kept the same in aadhar it will be not much impact on it.
Wife took my child without my permission what action can I take
My wife left me with and took my children with her. We were a joint fAmily then. She filled a complaint with women cell in nagpur against me ans my mother.we were called by them. We went and the complaint was taken back. But now she is not coming back and blackmailing me. I have also agreed with her demand of living separately in a rented flat. Marriage on 13.6.2009 1 child 15.3.10 2 child 16.11.11. Her parents dont have a son and their eyes are on my children.
Answers (1)
Dear client,
looking to ur query since no case is initiated in court by any of you, I think the issue can be solved amicably with the help of couple counsiler.
if u dont want to exaust counsilling optain then there r other legal remedies too like claiming custody of children through court or claiming restitution of conjugal rights.
Ex wife has taken the custody of our daughter without my consent
I am a Hindu.my ex wife has taken the custody of our daughter without my consent or from the court. Now she spends extravagantly ( without my knowledge and consent) claiming the money is being spent for our daughter. She also is now claiming that I should pay for all the expenses she is making. Am I liable to pay for the same?
Answers (3)
You can file application for child custody for proper education and nutrition other wise you are liable to pay if with out contest you have accepted the custody of you child before the wife you are legally bound to pay
Under Hindu Minority & Guardianship Act, 1956..
Section 6. Natural guardians of a Hindu minor.-
The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are –
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
but go through ROXANN SHARMA judgment of Supreme court (Arising out of SLP © No. 31615 of 2014).
You can pay the school fee directly in school. If she has filed cases against you under 125 Crpc.
you have given very less details so as I can inform you.
First of all you have disclose about the age of your minor daughter and whether legally divorce in between you and your ex-wife has completed or not. And if your daughter's age exceeds to 5 years then you have the legal right to take your daughter to custody of yourself according to Guardianship Act. (your wife can claim for maintenance if she is unable to maintain herself. )Thank You.
if husband cheated by wife may I know about the child custody
if husband is ditch by wife may I know about the child custody belongs is child custody with mom or dad in case of male child
Answers (1)
Hi
Custody is a matter of contesting where welfare of the child is considered irrespective of other factors.
For immoral conduct of wife one can file divorce petition before the family court.
Contact for detailed advice
Can a mother get permanent custody of boy child aged 10 yrs?
Mutual divorced now mother asking custody. Filled a petition under civil M A. Please give advice.
Answers (1)
In this it complete depends on the circumstances if the mother proves that father is not able to take care of the child and not able to provide with amenities which a mother can then court may pass a order in her favour.
Procedure to get the custody of the children from Husband
My husband need divorce but i need my kids (7 yeats both) then i will give divorce. If i am not give divorce how can i get my 50% rights. I have applied some cases like dv act, FIR , 125 but only i am getting amount 5000/_ p.m. What should i do ?
Answers (3)
if the maintenance petition has already been decided and you are receiving the amount then there is nothing that can be done but just one that you move another application for enhancing the maintenance amount. Now coming to your child custody....you stand a bright chance for getting the custody of your children but to give certain answer and opinion detailed study of your case is required.
50% rights that you are talking about is it the rights in the property of husband...if yes then there are no 50% rights but there other ways in law to claim all expenses incurred by you and your family currently and in the past.
Dear querist,
at the very outset i wish to say is once you have your cases pending you must be having your advocate kindly take his assistance.
you can file a petition for custody of your kids in the court. you can also file a petition under HAMA act for more maintenance.
You will get the custody of your children through proper court proceedings. Please show me you files so that I can guide you in a proper manner to win the cases. You can take my number from Lawrato to fix an appointment.
How can a father gets custody of his child
My brother and his wife live separate from 10 months and he is unable to meet his 3 year old son as his wife stopped him to meet his son. Under which section we get court orders to meet him and how to claim for custody as his wife is doing job .
Answers (1)
Dear Client,
As per your query, the law is bit inclined in favour of the mother in case where the custody of the child is in question uptill the child attains the age of 5 years. But the thing on which you can have the legal stand is on seeking permission for the visiting rights and if the wife is doing a job this stands no ground for claiming custody of the child unless you can show some credible evidence to support the contention that your wife is negligible towards the welfare of the child.
Regards,
Procedure to get child custody
Mother expired on 21 March 17 of the child named Rugved aged 13 months the custody required by his father. Religion Hindu
Answers (3)
Dear client as father u r natural guardian for child. File custody petition in court under Hindu minority and guardian ship act to get custody of child. For any legal help call me
Hi you have to make application to court for custody of your child. You have appoint a advocate and provide him all documents as father son relationships with mothers details. The court will hear you and if no objection come from anyone than court will order in your favor
Dear client, as per Hindu succession act 1956 father is the 1st guardian of the child, even mother become 1st guardian after the death of father
hence the custody of that child anyhow goes to his father, if he wishes to keep with child's grandparents for few years or up to his second marriage but by his will only.dear client don't worry the memories of marriage will be with you, if you satisfy the query please rate me,thanks
How to claim for child custody if present address of wife is unknown
Mcd over in Oct 16. Till date wife has not filed for maintainance for daughter of 5 yrs. Present address and company name of her unknown. How to proceed for filing custody case of daughter? Wife staying with married person for past 3 yrs somewhere in pune. I m in belgaum. What to do?
Answers (1)
If you are not aware of your wife's address, you can't file a suit seeking for custody of child. If you know the school address or baby care center of the child, you can contact them and request them to give the address of your child residence n can proceed further
wife seeking custody of child after 4 years divorce
my divorce by mutual consent came through in nov 2011..cos' of lack of career and parental support and logistics constraints had to give the custody of my 7 year old son to my ex husband..wanted to know if i have the right to claim custody of my son after i have sorted things out and have made a career and can also match up to the material comforts that my ex husband can provide him now and in case he gets remarried then is it that i get the custodial right of my son automatically ? please help.
Answer
You can file a child custody case against your husband before the district court where the child is residing under section 25 of GWA read with section 12 of GWA for interim relief for visitation right.
But ultimately it is the child in whose favor the court will decide. So if your child decides to stay with his father, then it will be in your ex husbands favor.
And if your ex husband has remarried then child custody can not came to you automatically.
Who will get the child custody after divorce
we(husband, wife) both live together, if we proceed for divorce. who can get the child custody. if both want the child to be with them.
Answers (3)
Hello client .I have read the query u have sent in this matter .if u apply for divorce the the probability of child custody goes to mother in most of the time. As mother is seems to be more responsible as compare to father in eyes of court .
If consensus is not arrived between both of you regarding custody of the child ,a separate case under Guardianship Act will have to be filed by the party who seeks custody of the child.Depending on the age of the child ,whether the child is boy or girl and if the child has reached the age of discretion and is about 13-14 years of age ,then depending on his/her preference to stay with father or mother and considering other facts ,the Court will decide about the custody of the child .The custody of child of about 5 years of age is given to mother and in case of girl child of upto 11-12 years of age also the custody of child is given normally to mother .But each and every case is decided on its own facts and then necessary order for grant of custody is passed ,which of course is subject to challenge in the Higher Courts .
Till 9 years of age the kid will live with mother mandatory . The father will get the visitation right for the kid . Then after 9 years if father wants the kid then the court will ask the kid as with who the kid wants to live . But I don't get that why cant you live together in same house just be friends not spouse for the sake of the kid . By ignoring each other as spouse .
Who gets the child custody
who will get the custody of the girl child and upto what years
Answers (2)
The mother of the girl child is always prepared person than the father to the custody of the girl child. The court would always take in to consider the future of the girl child. until to become major, the girl always be in the custody of the mother. In case in the court proceedings if the husband proved the bigami or immoral habits of the wife then the court may consider to grand the child custody to the father.
Mother will get the custody of the girl child if she is capable of maintaining her. Father has the Visiation right. If the incapability of mother to maintain the child is proven then Father can acquire the custody of the girl child. But primarily mother holds the right.
How to get custody of child
How do I get my baby girl back
Answers (3)
If you do not state that, how the baby girl go from you and who take your baby girl in details then how we can say you "how do you get your baby girl back".
I requested the Manager of Law Rato to send the question to us if the question stated details story which is understandable for us. Otherwise, how we could answer such questions which is only a hint.
If you are Hindu You have to file a petition under Hindu Guradian and Wards Act seeking custody of your child before the District judge of your district. After hearing if court satisfief court may give you custody of your child. For further help contact me through email
If you are her biological father/mother you can file a case for her legal custody . As well as some other legal questions also there for legal custody for your female child.
And also it is required for what ground your divorce is granted.
how can i stop my parents from adopting my child against my wishes
I am divorced and my parents want to adopt my child and then get me married to someone. I am ok with a 2nd marriage but do not want them to adopt my child. How can i stop them?
Answer
Your parents cannot adopt the child legally, unless you want them to adopt.
During the lifetime, the child will be in your custody and they cannot force you to give the child.
File a complaint against them as the motives of your parents are against your wishes.
Answers (3)
The law may not permit such adoption during your lifetime. In any event your consent is essential without which no adoption can be effected
Can a court hearing get fixed before the party receives court notice?
Can a court hearing get fixed before the party receives court notice?
Answer
When a suit is initiated by a petitioner, the court issues notice to the opposite party to appear before the court on a particular date. If a party fails to appear before the court on that particular date, then he has to give a reason for such failure.
Who will get custody of a 6 yr old daughter after divorce?
I m a permanent Central Govt teacher. My husband is an Army officer from whom I wish to get divorced. We hv a 6 yr old daughter. I want her custody. Will it b given to me if I get divorced?
Answers (2)
Hello Madam,
If u want coustody of ur daughter from ur husband then us file a case of guardian wards act in family court. If ur husband file his written statement in that case and say that he full fill all economic or educational wishes of her daughter than u reply that the custody of 6 years girl child is better with mother inspite of father.
There can not be a straight forward answer to this query. Custody of a child is granted by the court considering many aspects and situations. But since it is a girl child and you are a teacher and your husband is in army so you can have a fair chance of getting custody. Moreover the wish of the girl child will be of paramount importance. You can discuss full case with full details to get complete picture of your problem
How can file for custody of my child and change name of child
Hi sir m unmarried stayed with one boy in live-in relation for last 6 years and had a baby girl who is just 3 months old .now he ran away not ready to take responsibility even had done lots of loan on my name . M working n paying it taking baby to job. I need a mutual separation from him don't want his money . Just want to change baby name and Custody. As he is not ready to pick my calls . M nt interested to do case on him as I dn5 have money .. so please let me kW 5he best way to seperate with him and remove his name from my baby..
Answers (2)
No need to file custody petition as the child custody is with you only. You can change name from Gazzete and also claim for maintenance petition for child and you also. You can claim for compensation under domestic violence act.
Dear client, as you have not made marriage with him officially, hense he has not any right over this girl.but the girl have a right on his hereditary property if he have. Now days unmarried woman give her name to the child.But while doing so take your future into consideration. If like Pl. Rate me. Also require any help do not hesitate for contact.
How to make grandparents legal guardians on my child post our death
Me and my husband are living separately from in laws. We both are working and my daughter in of 1 year. Now If anything happens to me or my husband then I want my daughter to be with my parents. How can I do that. And how must its going to cost.
Answers (3)
as per the provision of section 9 of The Hindu Minority and Guardianship Act, 1956, Hindu Father entitled to appoint a guardian by will but Hindu mother have no right to appoint a guardian before the death of her husband. if you want any further assistance then you can contact me.
How can i claim custody of my child
Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy as i was working in Banglore we stayed near to In laws house. i was frustrated with there emotional blackmail i left job and moved to Kochi. Now my baby is 11 months there parents and wife are rude only with me and my parents as they are expecting me to be near to them and cut my parents relationship and my wife is giving career as lame reason to stay in Banglore, its been six months i have not seen my baby bec of there nasty behavior whenever me and my parents go home. I want custody of my child. Pls suggest how to proceed legally.
Answers (2)
Dear Sir,
You shall have to file a petition before the jurisdictional family court under Section 12 of Guardian and wards act and further you shall have to prove to the court that your income, your charecter and the child would be safe and happy when it is with you. If the Court is satisfied it shall order for the interim custody.
How can i claim custody of my child
Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy as i was working in Banglore we stayed near to In laws house. i was frustrated with there emotional blackmail i left job and moved to Kochi. Now my baby is 11 months there parents and wife are rude only with me and my parents as they are expecting me to be near to them and cut my parents relationship and my wife is giving career as lame reason to stay in Banglore, its been six months i have not seen my baby bec of there nasty behavior whenever me and my parents go home. I want custody of my child. Pls suggest how to proceed legally.
Answers (2)
Dear Sir,
You shall have to file a petition before the jurisdictional family court under Section 12 of Guardian and wards act and further you shall have to prove to the court that your income, your charecter and the child would be safe and happy when it is with you. If the Court is satisfied it shall order for the interim custody.
Hi...As the baby is very small the question of giving custody of child to you does not arise.If you want to see the child u can file a application before the family court and you can seek visitation right.
Thank you
The person who has the custody bar the other person toparental right
I am a single father since birth of my child. I was divorced 15 years ago. My ex wife had deserted our newly born child when he was just of 15 days .under section 13 B we had got divorce. She had taken a huge amount as allumony at that time and relinquished her mother right in favour of me.I had got permanent custody of child.Now 15 years paased. My Ex had got remarried but I am still single father. No contact she tried to do in 15 years. Now she is trying to contact my son via whatsapp, fb and voice calls. What I should do??? Wt legal options I hv now.?
Answers (3)
You have given information regarding you past 15 years divorce but the important thing which has been left by you is what is the age of your son? Well I will try to give answer, if your son is adult @ 18 years and of sound mind then you cannot stop him to communicate with your ex wife again you cannot prosecute your wife until and unless there is some illegality on the part of your wife but the important point is that whether your son is under 18 years or sound mind only then you can take a legal action against your wife.
Sir, if you are having evidence of your wife contacting your son on social media and your son is not interested to talk to her, then your first step should be, to send her a legal notice through your lawyer , therein giving her warning. In case she does not stop her activities, then you can take proper legal action against her through court of law.
Dear client under your case there is not something to bother.
After 15 years of seperation and as a singleparent you gave so much of love and affection to your child so dnt bother about tge messages and calls
Hold on your emotions and be patient.
The relation between you and your son cannot be destroyed by messages or emotions .
Can father get the child custody of one year old child?
I have a son and i want the custody for the same he is 1 Year and 9 months what are the chances of wining the child custody case and also my child is in mumbai and I am located in pune If I file the case where will be the jurisdiction for the case pune or mumbai?
Answers (3)
You have disclosed whether you are mother or father of the said child. Stoll let me tell u that till the age of 7 years only mother will be having custody there after only you may fight it out for custody on the ground of betterment of child .
Hello,
Since the child is of tender age you shall get visitation access. In child custody cases paramount welfare of the child is considered. Since child is residing in mumbai the jurisdiction is mumbai not pune.
Thank you
Dear client generally custody of child remain with mother up to five years age naturally. If u r father and ask custody then there r no chances of wining. But u can file for visitation rights by filing petition in Mumbai. Court will grant u visitation rights once or twice in month. For any legal help call me
Want custody of my 11 yr old son divorce filed by wife 5 months ago
Presently with mom for 1yrs4mth divorce filed by wife 5 mths ago. I want custody of of my 11yr old son. What to do?
Answers (1)
Dear Sir,
Please note that you can always apply for the custody of the son . Since the age of the son is 11 years , there are chances of you convincing the court for the same . Separate petition has to be filed for custody of child and divorce petition has nothing to do with it. Or both parties jointly may decide for custody of child.
Husband & in law's visitation rights causing harassment to the child
I got khula in march 2017 from islamic court. I have a 1.5 years old son who is under my custody until 7 years age. The islamic court granted the father and his 2 relatives visitation rights. Since then his father has come with his mom nd sister to visit 3 times till now. My son always cries incessently when they take him. My uncle takes him from me and gives them in the hall. When he cries my uncle brings him back to me. Then again they keep asking him and again he cries. This keeps going on for 4 times per visit. The thing is even when he is crying these people take pictures of him with flash harassing him. And the father never shows enthusiasm to meet my son. He doesnt pick the child first. Neither of them call my son by any name. They call tch tch and make sounds from their mouth like calling animal. Another thing is they always want us to agree to their date and time of meeting which is disturbing me and family. Please advice how can i stop his visitation rights.
Answers (2)
The act committed by your inlaws is likewise of domestic violence and it directly affect to the minor child and to you so definitely you have to take an action against them as well as we can prohibit them to do so
Unfortunately for you, even if the custody of the child is with you, access has to be provided. So per se there is no step which you can take to stop visitation. However, what you can do is start recording these visitation sessions, maintain a diary if required of the number of visitations etc. This will help you in the long run when your son refuses to go to his father for access and you can show to the Court that you have no hand to play in your son's refusal. However record the access secretly. Hope this helps.
Can a non resident Indian file for custody of his child?
Can an Indian who is no longer a resident and has lost his residentship status . Can he file a case in a country against his Wife for child custody?
Answers (1)
Yes, He can file.
Custody is being decided by Court on the basis of spouse capability to raise child with good upbringing,not on basis of citizenship.
Spouse has to show to Court that he or she is economically sound, mentally fit. Time to time spouse will have to report to Court regarding well being of the Child as well as if necessary will have to give access to other party as per Court conditions.
egal procedure for divorce & custody of child
dear sir my wife is syko path and lazy goose she cant take any responasblity and not letting see my one month old new born baby and demands to defferent accommodation and try to qurail and manipulate all times and thertens my falls dowry case. not reciving call from past one month before she got govt job she absloutly fine when she got job the things alll changed and she try to controle my all actatives like money caring for yelder in families i dont know what to do my in laws also not leving to see her what to do plz suggest me i cant handle this wife boz of my parents r getting old 1 how can i take coustady of my baby 2 should i leve her r claim my rights baby custdoy and devrous 3 is there eny chance get baby erlier coustady 4 how to prove she is unfit mother in india
Answers (2)
Hello Sir,
I just went through the details of your problem. your wife's condition seems to be more psychological due to the fact that she has just delivered a baby.
Nevertheless, to answer your points mentioned above-
1) Firstly you cannot get custody of a newly born infant. you wife seems to hold a Govt job and is financially secure so there is no reason for you to take the child from her. Regarding her psychological condition it has to be proved before court, only if the court finds her incapable of taking care, you can ask for child custody. you have mentioned that she has just got a govt job, then how could you call her a psychopath?
2) Now is the right time for you to be with her, that is, after the delivery of your new born baby. Its not right for you to leave her and ask for Divorce since I don't see any reasonable grounds for Divorce- like cruelty and desertion.
3) As mentioned above you will not be able to get the custody of the infant child. The child is new born as per you, she must be weaning it, so no court will give custody of this infant to the father.
4) Proving motherhood and how fit a woman is for the job is a herculean task. Don't bother to try it right now, as you will not succeed.
Regards
Advocate
You can file a case in the jurisdictional family court through your Advocate under Gaurdian and Wards Act for custody of the child.You have to fight well and also you have to proof that you are a better guardian than
Abusive in-laws can i take sole custody of my child
It's been 2 n half year since my marriage.After my girl was born,my in laws n my husband started treating me differently.i am in a better position than my husband.i have taken loans for him and he never supported me financially and even in my daughters expenses.now I am living with my mother but he always gives me dhamki's about taking away my child.he is into gambling and drinks lot.Can I get sole custody with only visitanional rights in my presence for him.my daughter is 22 months old..
Answers (1)
yes, you can get sole custody with only visitanional rights in my presence for him.my daughter is 22 months old. As per Gaurdian act of India, minor child under age of 5 years live with mother but if show some concurrent proof then court will grant custody of your minor child
How to ensure custody of child after mediation agreement
In mediation if my husband agree to give child custody and made agreement for mutual divorce.should i worry that he will file child custody again in high court once the agreement is made.
Answers (1)
It is binding upon him. It is as good as decree provided it is accepted by the concerned Family Court. First get it referred to family court and get a mutual divorce. You will come within the purview of safer zone. More legal suggestions in person.
How to apply for divorce and child custody
My name is Sonam. I belong to a punjabi family and I got married to a Marwari brahma boy, name Abhijit Paliwal, one year 3 months back. We two have a daughter (5months old) as well. It's ONLY after getting married i learnt that he has nothing, nothing means not even a bed no home no t.v., etc. Since then there are problems in our marriage and now we ve been living separately. I am living at my parents place with my daughter and he along with his mother is living at his sister's place, who is also married. The issue is my father has given a flat and all the necessary things to me but in my name and my in laws torture me to ask my father to give that flat papers to them and demands of gold etc. When I disagreed, they started being violent with me from that day onwards we are living separately but yesterday my husband and took away my daughter with him (who's still on mother's feed). Now they are saying if you will not give us that flat we will continue this nature in future also. Plz hel
Answers (3)
You should file a complaint in CAW cell against your husband and your in laws.... with that you file an application for maintainence and custody of your child...... alongwith that you should file a divorce petition..... and lastly you should make a complaint to the police for cruelity and torture and physical assault and mental pain and agony so as to lodge a FIR under relevant sections of the indian penal code against your husband and in laws and ofcourse do all this under proper guidance and consultation
You need to consult immediately. As per Indian Law on custody a child who is still as small as your daughter has to be with mother. You can also move an FIR against this action or register a case with the Women Cell. For a proper advice you would be required to meet and take consultation with details of the facts and situation.
You should immediately file a complaint with the CAW cell regarding the incidents of dowry demands and cruelty. Simultaneously you should file a petition under domestic violence act seeking residence order and monetary relief for yourself and your child.
Child born in US and living in India want to get the custody
My child was born in US. We had differences in marriage and came back to india in 2008. Since then my son who is 9 years is living with me. Can i get a child sole custody order from indian court.
Answers (1)
Sir/ Madam, Please clarify the following to render appropriate legal opinion:
1. When did your marriage performed and in which Country.
2. Which religion does both of your profess.
3. Are you a mother or father of your child.
4. What is age of your child and gender.
5. Are you living separately on your own or any divorce has been granted..
How can I get Meeting Rights with my Child?
Hello, my wife wants to stay away from me because she wants to stay with her parents from the first day .Before marriage she insisted me to shift to other rented accommodation leaving my Older parents and we shifted, but after marriage she and my in laws started harassing me to join her family or have the dire consequences(Like dowry cases) and after my child was born she left me and started living with her parents and along with my son. I tried a lot however she is not coming and with the assist of her mother and brother they had implemented me in wrong case of 354 /509(Bail Granted), So can i use the RCR for it or how can i get the meeting rights with My Son. Please Advice
Answers (3)
if you are hindu then you file a civil suit under The Hindu Minority And Guardianship act, 1956, and request for your child custody in the mean time you request for visiting right of child, if you have further query then you contact me.
You can file RCR to get your wife back and for the meeting rights, you file a petition for custody and visitation rights of your son. Even if your wife is not interested to come back, you will definitely get visitation / custody of your child.
See you are the father of your child therefore you are having the right to visit your child and you can also file the case for the custody of your child in family court .. rest you can contact me on mail or number for further information.
Where should i file a case for child custody
I am married for 10 years and i have 2daughters (9yr + 3.5yr). My last residing place with my Kids and husband was Bangalore. I got married at east Delhi Shahdara. i left my husbands house at Bangalore in Nov 2016 and came to my parents place. currently i took transfer of my job at Gurgaon. now i want to file a case of child custody. Please guide me can i file case from Delhi for child custody.
Answers (3)
Yes you can file from delhi as well. No problem with the procedure.
But you must carry a valid id proof of delhi. Or in case any rent agreement depictinf yoir address of Delhi. Otherwise you can file from gurgaon.
Yes you can also file a case for your child custody from your residing place which you think better for you.if you are really interested so before filling it you will have to discuss or other cases pending or not.
Yes you can file a case for child custody being a natural guardian and mother of your children.
We have provisions in law for the same.
Feel free to have a word with me for more details and legal information.
All the best
Will court grand custody of child to wife if adultery is proven
Wife has committed adultery. The evidence is in form of Photos and Videos. Daughter was sent with me. wife filed for Divorce, I was served the notice and I have filed my reply. Along with she filed IA for child custody and Maintenance. Have replied to the petitions, submitting the proofs of adultery(photos and Videos) 1. IA for visitation was allowed and she got visitation rights on 1st and 4th Sat each month. She has file further(11) IA for custody during various holidays. which I have honored. 2. IA for maintenance was Dismissed in April 2018, reasons 1., adultery, 2. The child is with Father, 3. She is earning. she has not appealed the order. 3. Last week she has filed a fresh case under GAW act for custody. My Questions are: 1. How long will it take for the Court to grant the divorce, now that the IA 3 has been dismissed with a note of adultery? 2. Would she be getting the custody even when she has been adulterous?
Answers (1)
Hi...some time court may give custody of the child to mother if child is very young. If you show to the court that you can look after the child very nicely than your wife than court may not give custody to her and pertaining to maintainence if it is rejected she can challenge it.
Thank you
Legal advice for step child adoption in india for NRI
I m divorce and having daughter of 10 years.Total child custody is with me also mentioned that her biological father is not involved todays child in anything like marraige ,study,medicine.Nor can claim any property.All child record like school, adhar card,passport is on my name..No where father name is mentioned.Now i m deciding for remarraige who is Nri.My question is 1.How long this adoption process takes place. 2.Is there any time frame between marraige and adoption petition. 3. He is nri so can't attain all hearings in court.will it be possible.. Thanks for your reply in advance.
Answers (1)
He can give his power of attorney to anybody who can attain the court case or he may come at the time of filling petition in court and he may record his evidence via video conference. It may take 6 to 8 months for the case.
chances of getting child custody of 8 year old son
my son is 8 years old and me and my wife are about to file for divorce. my son is in an affluent school in Pune and his studies are suffering as my wife takes him out regularly. I come from a good financial background and can afford my child's wellbeing and future. He also wants to stay with me if we get separated. If I file for custody, what are the chances that i will get it in my favor?
Answer
We have gone through your query. We can very well try and seek custody of son through court by filing petition for custody. As your wife is not handling son with due care regarding his schooling, this can be a ground for custody along with other grounds which are issues of divorce too.
Even in divorce petition we can ask visiting and custody interim rights. Custody matters are delicate onces and orders can be varied from time to time if custody petitions are filed by either of spouse.
Answers (1)
Hello Sir,
I have gone through Your query. We can very well try and seek custody of son through court by filing petition for custody. It is seen wife is not handling son with due care regarding his schooling this can be ground for custody along with other grounds which are issues of divorce too. Even in divorce petition we can ask visiting n custody interim rights. Custody matters are delicate onces n orders can be varied from time to time if custody petitions are filed by either of spouse. We can the best to get custody after brief discussion with you Sir.
Regards
Pramod Kale .
Advocate
Can I get chid custody if I prove adultery on behalf of my wife
Dear Sir I would like to share that I am a married guy from last 7 years, and in relation with my wife from last 11 years. I was happily married since the day I caught my wife not once once but over couple of occasiaons of having involved over phone with one guy. The suspense got over when one day she was caught red handed speaking about love and faulty language with him, after the occassion the phone recordings showed they are been into relation for more than 2 months and have had more than 1200 calls during the tensure involving talks about sex as well. Some Proof which I do have are as under : 1. Travelling in joint sleeper bus from overnight and return 2. Staying in Hotel For overnight 3. Audio rerecords of both the persons to have kisses hugs etc, also both of them have agreed in front of me that yes they did these activities, recordings for the same is also available so now can i prove adultery and get my child back.
Answers (1)
first of all you need to be clear in your thoughts that whether you want to prove adultery of your wife or you want the custody of your child, if you want custody of your child and divorce by way of proving adultery you need to contact to my office with all the material. Then only i would be able to suggest you for further actions.
Child abduction India not signed The Hague convention what to do
My wife's a Indian citizen, if she takes our daughter from the United Kingdom for a holiday and never return to the UK where the child is a normal resident of, what are the current Indian laws, where the wife claims domestic violence. (Which is why India did not sign) how easy is it to get the child back to India. Can anyone give expert law details
Answers (1)
if your wife is currently residing in India and have filed a Domestic Violence case, then as per the information provided by you the Indian courts have no jurisdiction to entertain ( if you & your wife have not resided in india since marriage). same the jurisdiction would again play a crucial role while taking care of CHild custody case.
Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.
Procedure to get child's custody by husband as wife wants divorce
My son and his wife have strained relations. Now she wants to go to her fathers home with her two kids and later have divorce. Can she take the kids away from his father at this stage. We are Hindu.
Answers (4)
Yes she can. How old is the marriage and their sons? If the kids are more than 7 years of age , father may file for custody of kids. Court may decide on merits of the case in favour of father, if he proves to the court that he’s in a better position to take care of kids and she’s not a good mother.
The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.
Are the children minor? If yes, then yes the mother can take the children with her as mother is the natural guardian of the minor children. It is better to have mutual divorce and get all T&C clear including custody and visiting rights. Even if your daughter-in-law takes the custody of the children, your son will have visiting rights.
The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.
Can my husband file for custody of children
I have 2 sons aged 3.5 & 2. My husband & I married 6 years ago. It's a love marriage. My husband after our second child changed A lot & got into an influence of his friend who is rude & agrtessive.. Now my husband has gone back to delhi, hardly calls just puts money in account. He is brain washed by his friend & family to force me to live with family or he wants seperation. I don't want to give my sons to them. My in laws have never taken care of my children. Now that I am raising them they. R plotting this.. Please suggest
Answers (2)
Madam as far as children below age of 5 are concerned the custody will remain with the mother, and even after 5 years your husband wants the custody then he has to file a case for custody and prove that he is in better position and can take care better then you, and it is not easy and time consuming for him to get custody, at present he will not be granted custody and even after 5 years he has to file a case and then the court will decide to whom the custody should be granted.
Physical custody means that one parent is held responsible for the child’s basic/daily needs like housing, education and food. But in many cases, the non-custodial parent still has visitation rights.
Although there are some specifications under each personal law, Child custody matters in India are governed by the Guardians and Wards Act 1890 (GAWA), which is applicable to people of all religions in India. Under these Acts, generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother. However, courts also consider specific personal laws while giving their judgements.
Hindus are governed by the Hindu Minority and Guardianship Act 1956 (HMGA), which follows similar considerations as GAWA. Although the HMGA provides that the father is the natural guardian of the child, the paramount consideration for custody is the welfare of the child. Courts in India have therefore tended to give custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection.
As per Muslim personal laws, minor children are given to mothers. But after the age of seven years, the mother’s right over the son ends. Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends. In case of the absence of both parents, the grandparents are offered the custody of the child. Also, as per ‘Shia’ law, if a person ceases to be a Muslim, the child’s custody cannot be granted to him/her.
In the case of Christians, custody issues are handled by the Indian Divorce Act, 1869. Section 41 of the Act has some provisions which state that the Court may pass such orders as it deems proper, including placing the child in its protection.
However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.
How courts decide child custody
The courts give their decision based on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on. Children’s preferences are generally considered after 9 years of age. Some archaic considerations still remain, which means that in case of remarriage of a woman, generally custody is not granted to her while it may be granted to a father who remarries, especially if the second wife cannot give birth.
There are two types of custody which may be granted. One is ‘sole custody’ where only one spouse gets the physical custody of a child. The other is ‘joint custody’ where both the spouses share the custody of the child.
Other key facts about child custody law in India
Custody in India is not a hard and fast issue, and judges decide on a case-to-case basis. It is not always necessary that if you are of unsound economic condition or have some other problems, you will not be given custody. The courts keep in mind the mental satisfaction of the children and their best interests. After a divorce, the husband may be ordered to pay maintenance to the wife, which can also be used to bring up the child.
If you feel that you are capable of taking care of your child, then you must file an application. It is your right to get custody of your child. It is also advisable to meet a good lawyer and work on these aspects in advance. If one of the parents is given custody of the child, the other is granted visitation rights. That means that he/she can meet the child with permission from the custodial parent. It is also possible to request the Court to reconsider its decision after a period of time, especially if the children are not happy.
How to claim custody of child without getting a divorce
We are hindu and have been married for 4 years my husband does not want to live with me anymore. He has kept our 2 year old son with himself and made me leave the home. I am 4 months pregnant now and want my first child be with me too. I won't get remarried. What should i do?
Answers (2)
Hello, yes it is possible to get custody of your child without getting divorce. You can file case before family court regarding custody of your child. For further more detailed discussion just contact us
In your case you need to file a case of grant of custody before the family court. Ideally and legally mother is the rightfull custodian of her child upto the age of 5.
If in case you want to live with your husband then also you can file a case of restitution of congujal rights.
mental harrasement from spouse family taken my kids
i've been married for 4 years and i have been bleesed with 2 children one kids in 2 years 6 months and my second son is 1 year 7 months ... from the time of marriage i have been abused , tortured , slippered by my spouse and family due to my caste it was an arrange marriage . even for having sex i was literally abused by words by all means . Even my parents are facing the same situation with her and their family . We have run thru almost all the cops in our area At the time when my 2nd son was 4 months she gave my second son through the cops in written stating that she does not need him and wants me to raise him , I raised my second son until he was 1 year 2 months again thru cops she threatened me if i did not rejoin with her she will take away my second son as well so i had no other choice other than to rejoin the cops adviced her not to treat me or my family ill but after 2 weeks situation became worse and started with abuse once again so we ran into a fight now she took my sons
Answers (1)
wat is the complaint given by her in the police station, you have every right to see your children and have your conjugal rights which no one can deny if you are not able to live with her then you have to file divorce and ask for custody of your children
How to claim custody of 4 year old boy child ?
SIR, i inform u that my wife comitted suside on NOV and i was arrested by police on dp act and came back on bail this month now i want my child i have not seen him for NOV and i want to take him with me and his age is 4 year as on FEB2017 as he was going to school and it has been discontinued please help me . i am an Hindu
Answers (2)
In the best interest of child you may seek custody of the child by invoking provisions available under guardianship and ward act 1890. There are chances of getting custody of child if you prove that the welfare of the child is neglected.
In its 257th report on 'Reforms in Guardianship and Custody Laws in India', the commission said the change in laws will let courts to consider awarding joint custody of children in circumstances beneficial to the welfare of the child.
At present, courts in India award a minor's custody to one parent or the other depending on who they think will ensure the child's welfare, though the legal position is different in Hindu law, which considers the father the natural guardian, and other secular laws, which consider the mother the natural guardian of a child.
According commission children are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face.
"This imbalance is addressed through changes to the law that will place a duty upon the court to uphold the child's welfare in every case. This will ensure that the child's future is safe and protected, regardless of changing familial circumstances
Courts in India have recognised the welfare principle, but the framework is desired changes, so a new chapter on custody and visitation arrangements in the Guardians and Wards Act, 1890.Even now child’s grandparents can also apply for a grandparenting time order under the amended provisions.
Audio evidence recorded on phone but not a call recording
I have recorded some abusive behavior of my inlaws using the record option in my phone. (The conversation took place in person and is not a phone call). Is this admissible as evidence in court. Should I transfer it to a CD and submit in court? Should I separately prove its authenticity ie its not tampered and the voice is of my inlaws etc. How do I prove this
Answers (2)
HELLO !
Your recording of audio should synchronize with the petition averment for the case you refer. Only when your complaint in the
petition tally with your audio recording the court may admit such evidence . Normally court doesn't admit audio voice, for the
simple reason very often it is very often either imitated or tampered to suit the convenience of the contesting litigants.
For more information please contact me.
Yes, it s admissible in evidence as per section 65A of the Indian Evidence Act read with section 2(1)t of the Information Technology Act. But the condition that voice of the alleged speaker must be duly identified by who regognise her voice. The acuuracy of the voice record have to prove by you by the satisfactory evidence and circumstantial. You have to transfer it to the CD by the authorised centers because I future you may called them as witness. In your affidavit you have mentioned all these incidents clearly and to have state about the audio record. Then only you can use the same during the court trial.
Please advise me on the matter of Divorce and Child Custody
I am a mother of two kids 4,5 years. I am a homemaker and take care of house and kids and so finance part husband takes care of. There are issues in our marriage and we are planning to separate. My husband wants the custody either of both children or atleast one of them. According to me, kids should be with me as I have always taken care of them because my husband was very clear that if i provide money then i have no other responsibility. Also i do not want my kids to separate as they are a support of each other. I am looking for a mutual divorce but at the same time I cannot give custody of any of my kids to my husband. What is procedure for divorce and child custody in such cases?
Answers (1)
Hii.. If u want to file mutual consent then all terms including child custody should be mutually agreed then only u can go ahead with it.. Or u need to file separate cases for divorce, child custody and maintenance.
Child custody u can discuss as such ur husband will have visiting rights and also interim custody during holidays
Nothing prevent you file cheque bounce case. Get issue and follow the following procedure. Nothing to worry. Please give me Rank 5 if you feel my answer helped you.
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The most competent one will get the custody of the child, or both the parents can get it.
Child custody is a situation that requires to be handled with love and care, therefore certain rules are been implemented keeping the welfare of the child as the topmost priority.
To get the custody of a child, one has to prove himself/herself competent before Court with the help of the family lawyer taking care of the case. Even after the custody order is passed, the Court keeps a watch on the custodial parent, whether he/she is actually taking care of the child or not.
Anyhow, the custody of the child is considered based on the age of the concerned child and the behavioral character of the parents towards the child. Read below to know a brief about the categorization:
• Less Than 5 years of Age: For infants usually mothers are the first preferences due to the certain obvious reasons for the welfare of the child.
Regarding the kind of custody, the parents both wishing to get the custody may get a 50–50 custody, in which the mother shall have physical custody, and the father can visit the child at any reasonable time.
In such a situation, if both the parents are earning, it shall be their joint responsibility for the financial requirements.
Even if the mother gets the first priority here, if she is not willing to take up the custody, or she is of a careless nature, whereas the father is a more competent one, obviously the father gets the custody.
If neither of them is competent enough, the first preference is given to the grandparents, then comes other relatives - uncle or aunty.
• Between 5 to 13 Years of Age: If the child is less than 13 years old, and more than 5 years, the child develops certain senses of good and bad. At this point, the child is been interviewed, preferably at the magistrate’s chamber, so that the child does not feel scared being in the courtroom.
Anyhow, the performance of the child is not the only criteria, because at this stage obviously, children are not matured - Mumma becomes bad because she forces to eat vegetables and keeps on nagging for studying, whereas Papa becomes good because he accompanies in video games and takes to the amusement park or vice versa.
Here, along with knowing the child’s mind, the parent has also proved to be competent to take care of the child.
• More Than 13 Years of Age: At this age, even the Court insist to take joint custody, because at this stage, where the child is entering into adolescence, and face issues of teenage, undergoing the mental pressure of separating parents may have an adverse effect on the child.
Therefore, usually the parents, except for extreme situations of abuse and torture, given more liberty to spend equal time with the child.
Even in such a situation, for the physical custody of a daughter, the mother is preferred, and for son, the father is preferred.
• More than 18 years of Age: No matter your 18 years old son/daughter is still a kid for you, but in the eyes of law, they are not a child anymore. So, basically, no custodial affair can come into action if the concerned child has crossed 18 years of age.
Anyhow, here, daughters are more privileged than a son. The daughter till not married, or start earning enough for herself, is liable to get maintained by parents, whereas for a son, there is no such liability on the parents.
What happens to the responsibility for my children if I get divorced?
After a divorce, both partners retain parental responsibility for the children. This also applies when a couple ends their registered partnership, provided the man has acknowledged the child. Both partners remain responsible for raising and caring for the children.
Parental responsibility after divorce
If your child was born during your marriage or registered partnership, you will usually keep joint parental responsibility after divorce. If you don’t want joint parental responsibility to continue, you can ask the court to give responsibility to just one of the parents. The court will decide which parent gets responsibility.
If you have more than one child, the court will decide on responsibility for each child separately. A child of 12 or over can ask the court to grant responsibility to one of the parents. This parent will be liable for the child’s maintenance until the child is 21.
The child’s opinion in decisions on parental responsibility
The court must ask children aged 12 and over to give their opinion when it takes a decision on parental responsibility. Younger children do not have to be asked for their opinion. Children aged 12 and over whose parents seek a divorce are automatically told when they are expected to appear in court. It is up to the child to decide whether they want to go to the hearing. The child has the right to be heard. This means they can tell the court what they think about certain matters relating to the break-up.
If a child under 12 asks to be heard, the court will invite them to attend the hearing.
Equal parenthood, co-parenting, parental responsibility and acknowledgement
When people talk about parental responsibility and access (omgang) the following terms sometimes get mixed up. They all mean something different.
Co-parenting (co-ouderschap)
If you and your ex-partner co-parent, this means you share the care and upbringing of the child(ren). Your child lives alternately with you and with your ex-partner. Co-parenting is only possible if both parents are willing. There is nothing in the law about co-parenting and the co-parenting situation has no bearing on parental responsibility or child maintenance. If you choose to co-parent, you and your partner make agreements about when the child is with each of you and who pays for what. You can lay down such agreements in a document drawn up by a civil-law notary or include them in a divorce settlement agreement (scheidingsconvenant).
Equal parenthood (gelijkwaardig ouderschap)
Equal parenthood means that the parents have equal rights and obligations with respect to the care and upbringing of their children. This does not mean that the child lives with each parent half the time.
Responsibility (gezag)
Responsibility for your child means that you are the child’s legal representative and you have control over his or her money and property.
Acknowledgement (erkenning)
Acknowledgment creates a legal bond between the parent and child. However, if you acknowledge a child outside a marriage or a registered partnership, you do not automatically get parental responsibility or become the child’s legal representative. In that case, to get parental responsibility you need to apply for it.
Parental access rights after divorce or break-up
After a divorce, separation or the termination of a registered partnership, the ex-partners retain their parental access rights with respect to the children. If you have joint parental responsibility, you and your ex-partner must agree on care and access arrangements.
Even if one of you does not have (or no longer has) parental responsibility, that parent still has parental access rights and the right to be kept informed about the children. In such cases, the parents decide on an access arrangement together. There are no standard arrangements imposed by law. The two of you decide when, how often and for how long the parent that the children don’t live with sees the children. The agreements you make are then incorporated into the parenting plan (ouderschapsplan).
Ex-partner fails to comply with care or access arrangements
If your ex-partner does not keep to the care or access arrangements, you can try to resolve the problem together or seek the help of a mediator. As a last resort, you can ask the court to intervene. You must hire a lawyer (advocaat), who will then start interim injunction proceedings (kort geding) on your behalf. The court can for example order your ex-partner to pay a fine for every day that they fail to comply with the arrangements.
Denial of parental access rights
In exceptional cases, it may be better for the child if a parent is denied access either temporarily or permanently. This might for example be needed if the parent physically or sexually abuses the child. If only one parent has parental responsibility, the court can deny the other parent access to the child. The parent who has responsibility can request the court to do this. If both parents have responsibility, the court can temporarily prevent contact between the child and one of the parents.
Dear Sir,
You have to apply to the court to get the custody of the child in that event court will fix time to meet child and the case will be further proceeded. Generally the custody of the child up to the age of five remain with the mother . After evidence the court will decide to whom the custody of the child paramount consideration is welfare of the child who can look after the child in better way so go ahead file the applications for custody of the child the application will be filed in the court where child resides don't file a case at the wrong place in that event after so much exercise the case will be dismissed for want of jurisdiction
For appointment of any person as guardian, the court shall consider the welfare of the minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being and thus there are numerous occasion wherein Supreme Court has allowed father to retain the custody of child.
In Samuel Stephen Richard v. Stella Richard [AIR 1955 Mad 451], the Hon'ble High Court of Madras in deciding the question of custody held as follows:
"In deciding the question of custody, the welfare of the minor is the paramount consideration and the fact that the father is the natural guardian would not 'ipso facto' entitle him to custody. The principal considerations or tests which have been laid down under Section 17, in order to secure this welfare are equally applicable in considering the welfare of the minor under Section 25.
Above principle had has been reiterated by Supreme Court and various High court across the Country.
As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court. So, if the child is in your husband’s custody then you can file a case under Guardian and Wards Act seeking custody of the child if your husband denies you for the same.
A parent can claim the custody of the child under Section 7 and 17 of the guardianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
In most of the cases the Visitation Rights are awarded by the court to the parent to visit the child.
But in some cases the court can decline the visitation rights as well if the court can be reasonably convinced that visiting the child by the other parent will have any ill effects to the well being and growth of the child.
What if I think the non-custodial parent's visits are harmful to my child?
I am the custodial parent. Can I stop the non-custodial parent from visiting our child?
Usually, the non-custodial parent is entitled to reasonable visitation. The court may limit or stop visitation rights ONLY IF the court has a hearing and finds that visitation might:
• hurt the child’s physical health; or
• significantly impair the child’s emotional development.
The parenting guidelines recognize that overnight visitation may not be in the best interest of some very young children. In those cases, visitation should take place three times a week for two hours each time for children up to four months old, and gradually increase as the child gets older.
What will happen if I stop allowing visitation?
If there is a court order for visitation and you stop visitation without the judge’s approval, the non-custodial parent may take you to court for contempt or to get an injunction. You may have to pay the non-custodial parent’s attorney fees. Under some circumstances, the non-custodial parent may even be able to get custody.
When can I ask a judge to limit visitation?
Visitation can be limited at the:
• Provisional hearing in divorce;
• Final hearing in divorce;
• Paternity hearing; or
• Hearing on a petition to modify visitation or custody.
It is also possible to limit visitation in an Order of Protection hearing.
What evidence do I need to limit visitation?
You will need to prove that visitation will:
• hurt the child’s physical health; or
• significantly impair the child’s emotional development.
You will need enough evidence to outweigh the basic belief that visitation by the non-custodial parent is in the child’s best interests. Examples of evidence that might convince a judge to limit visitation include:
• Witnesses who have seen the non-custodial parent, or a member of the non-custodial parent’s household, abuse the child.
• Witnesses who have seen the non-custodial parent use illegal drugs or abuse alcohol in the presence of the child.
• Medical testimony and records that show injuries or sexual abuse to the child caused by the non-custodial parent or a member of the non-custodial parent’s household.
• Records of criminal convictions of the non-custodial parent.
• Testimony from the child’s mental health provider, teacher, behavior therapist, or doctor about the effect of visits on the child’s emotional health.
Your evidence must be about behavior or problems that have occurred since the last time the Court decided how much visitation the non-custodial parent should have. It is important to tell the court your concerns about visitation as soon as possible. You will not be able to testify about violence or other problems during your marriage, if you try to limit visitation after the divorce is final.
How can visitation be limited?
Depending upon the facts, the court can grant:
• No visitation.
• Supervised visitation.
• Reduced visitation.
• Visitation only if the non-custodial parent finishes treatment or classes to address addictions, anger management, mental illness, or other problems that might make visits harmful to the child.
• Visitation only if the non-custodial parent agrees not to use alcohol or drugs during the time the child is visiting.
If the court grants supervised or no visitation, what happens if the custodial parent dies?
When the court orders supervised or no visitation, the court should also appoint someone to serve as temporary custodian if the custodial parent dies. This person would be able to take care of the children right after their parent’s death. The temporary custodian would then have to go to court to become the children’s legal guardian.
Last revised: 11-03
Child Custody,
1)If it is contested divorce irrespective of the fact who requests or initiates divorce the custody of 9 months baby will go to the mother. Father can ask for unlimited visiting rights. In case of mutual consent divorce both of you have to decide about custody and let the court know.
2)Alimony in mutual consent divorce will be decided by both of you. You can negotiate. But in case of contested divorce whoever files the same the court after taking into consideration all the factors like your income less expenses and expenses of persons dependant on you will decide alimony. Even in contested divorce the court gives you both opportunity to decide amount of alimony by sending you to counsellor.
A P Pawse Advocate High Court Mumbai.
Yes, there is a way you can take custody of our son in India before the divorce.
This can be done by guardian op. The court will think about the welfare of the child.
According to the supreme court guidelines, the child should stay with mother until 5 years [guardian and wards act].
Often the answer to the question "who will get custody?" will be determined in large part by the process that is followed by the parties involved in the child custody situation.
In most situations where parents reach an out-of-court agreement on child custody and visitation, the question of "who will get custody" is mostly up to the parents themselves, usually with input from attorneys, counselors, or mediators. If parents in a child custody dispute do not negotiate some form of agreement before going to court, then the custody decision will be made in court, usually by a family court judge.
taking your matter into consideration...the custody is more likely to be in the hands of mother if the child is on breastfeed and if not,..and you really wants your son to stay with you for his betterment you can establish that your son's mother is unfit for parenthood or is incapable of taking care of him, you may be able to get physical custody, especially if you can show that you are the child's "primary caretaker." Even if you cannot get physical custody of your son, you should be able to obtain shared legal custody, giving you the right to make important decisions about your son's upbringing and welfare.
coming on to your alimony part... It depends on the discretion of judge as to how he arrives at the figure, taking various factors into consideration. Income alone cannot be criterion for deciding the maintenance amount. Home salary and also the expenses also should be taken into consideration while awarding maintenance to wife.
apart from all this...i want to advice you that..try to sort out the problem by your own self..think about your children he needs the love of you equally as well as your wife ..you are not wrong at any stage..as what you have explained in the question..try to sit with your wife alone and convince her..because divorce proceedings are not easy to handle..it actually disturbs your mental as well as physical condition..moreover in india..we even dont know when court is going to award you divorce..
Child custody and maintenance law are based on the principle of best welfare of the child, the parent with whom best welfare of the child exists is allowed the physical custody and other parent is given visitation rights for the child. The issue of child custody is up to the age of majority which is 18 years. The financial support of the child is responsibility of both parents and both are supposed to provide for it in proportion of their own income or financial status.
Alimony and maintenance law for spouse for Hindus are on equatable basis, namely both can seek permanent alimony and maintenance from the other at the time of the divorce or annulment of the marriage.
Again the court decide the amount of permanent alimony and maintenance on the basis of the financial status of both parties that includes the income and even property of the party through which income can be generated.
Since the child is infant the custody will be with mother, unless proven that she is not able to take care of the child. The custody will go to mother irrespective of who files for divorce. You will get visiting rights. Once the child is of 7yrs you can again file child custody petition and battle it out. Also there can be various possibility which a lawyer would be able to guide you the best.
If she is well educated and can join some job and earn than you might not have to pay. But you will be asked to pay an X amount for the child support. If she is filing for the case and if you have a good lawyer he can turn the table around and can make sure that you dont need to pay. Also alimony depends on your earnings and not the whims on fancies of your wife or her lawyer. They can ask for anything they want and they will do as more the money the lawyer is able to get to your wife the bigger chunk of commission is taken by the lawyer.
If you love your wife and you want her to stay my only suggestion would be talk to her no matter how influence your mother in law is. She is your wife and now the equation have changed that you need to make her understand. Go for marriage counselling and try to sort it out. Try and make your wife understand that for your child sake. It will be traumatic of the child later on.
Also if your MIL is causing the trouble rest assured if you get divorced and she marries someone else the same thing will happen there as well.
The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him ,a gurdianship case will have to be filed in the family court seeking relief of declaration of mother as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts. Normally the custody of child of upto 5 years of age is with the mother and in the present case also the girl child being only 7 years of age ,the Court will most probably grant custody of girl child to mother .As the proceedings may take time and the girl child is in custody of father, a prayer for visitation rights of the child to the house of mother can be made for holidays and in vacations as an interim measure till the case is finally decided so that the girl child is not deprived of company of mother during pendency of the case .If custody is granted to the mother ,father will get visitation rights on terms fixed by the Court .
Well, first thing you need to do is stop thinking like an engineer and try to find formulas about child custody or for that matter alimony. Law works on facts and evidence, and it’s about probabilities and outcomes can’t be certain.
In mutual consent divorce, both alimony and child custody is as per the agreement. Court will not interfere unless it possibly finds something morally reprehensible in the agreement. Though I wonder why courts don’t find it morally reprehensible that a wife who stays for a few days/weeks/months and no children gets entitled to a 25–50 lakhs of alimony in an MCD!
Child custody is decided based on welfare and best interests of child. It’s not to do with who asks for divorce. It’s a complex topic and lawyers simplify it by telling fathers:“You won’t get custody till child is 5 years”, and after child is 5 years old, they will give another reason. So you can ignore all the lawyer talk and aim for joint custody/shared parenting of child. Hopefully in another 5 years lawyers will become up-to-date on joint custody/shared parenting if enough fathers try it out in family courts.
Various HC approve Child Access & Custody Guidelines along with Parenting Plan - Men Rights India
Since wife is housewife, alimony can be high so better focus on joint custody to reduce alimony to wife also, else they would claim and get sympathy in name of child also.
This collaborative book is a good reference on child custody related issues:
Child Custody, Guardianship, and Visitation for Fathers • GitBook
Update 19/05/2017: Alimony related gyan is now available in my book: Alimony and Maintenance under Hindu Law (only in Kindle Edition)
Disclaimer: I’m not a lawyer, however I am reachable for consultation via Man to Man Solutions
Alimony and child custody are the two most discussed issues when a divorce occurs. Both in a mutual and contested divorce, the alimony and child custody follow its own respective procedures which are explained one by one in this article.
You can file your petition for alimony (Tel: +91–9811782573) and child custody along with the divorce petition, or later, depending on your situation and preferences. It is anyhow, advisable to file along with the divorce petition.
Each situation is different from each other, and therefore hiring the best divorce consultant is always preferable.
One by one the law-related and procedure to obtain alimony and child custody are explained below:
ALIMONY
Law: The concept of alimony is regulated by Sec. 125 of the Criminal Procedure Code. The provision enables the wives getting divorced from their husband to get an amount as alimony.
This amount of alimony can be paid in two ways – a hefty amount paid at the time of divorce or paid after the divorce at a regular interval – monthly or quarterly.
However, alimony is subject to certain conditions:
(i) The ex-wife is eligible to get alimony only if she is not earning on herself or has no means of earning. In case, she has a job, or business, or another mode of earning from savings or property, she may not get any alimony.
Following the latest judgments, the Court is refusing to give any alimony order in favor of the wife if she is well qualified and is refusing to work to earn herself. In such a situation, the court is passing an order for alimony for a temporary period. By that period, she has to find a job for herself.
(ii) If the ex-wife is in a relationship with another man, whether planning to get married or not, she is not legally liable to claim any alimony.
Procedure: To demand alimony, a petition must be filed before the court along with the divorce petition or later.
While filing the alimony petition, you require to mention why do you require that amount. Even if you are earning yourself, but you're such a medical condition that needs economic help, the Court can pass an order only to pay that amount which is required for carrying your necessary extra expenses.
Kinds:
Based on the situation of each case, the alimony is granted. There are kinds of alimony prescribed by law which are listed below:
• Rehabilitation Alimony: Where the spouse seeking alimony is not self-sufficient, rehabilitative alimony may be ordered until he or she finds the means to care for themselves and to the children, if there any.
There is no set time for rehabilitative alimony to end, and it is determined based on the individual situation.
This type of alimony will likely be reviewed at intervals to check on the progress of the recipient.
• Permanent Alimony: Permanent alimony is when the payments are to continue indefinitely. There are many reasons that a judge would order this type of alimony.
One situation may be if the recipient is handicapped and unable to work and become self-sufficient.
If the recipient married without ever gaining employment skills, and has never worked but has raised children and taken care of the home, this recipient may be entitled to permanent alimony.
Usually, permanent alimony will not stop unless one spouse dies, the recipient gets remarried or cohabitates with someone else.
• Reimbursement alimony: In the situation where one spouse worked to put the other spouse through college or a work-related program which resulted in this spouse earning more money – reimbursement alimony may be awarded.
Typically, the alimony will continue until the cost or half of the cost of schooling has been paid back.
• Hefty Alimony: In this kind of alimony, the spouse is ordered to pay lump-sum alimony will not be required to pay any other type of alimony to the recipient.
CHILD CUSTODY
Law: When a couple is separating, the question arises, with whom the child is going to stay, as well as who is going to take care of the expenses of the child. Before going deep into the discussion and analysis, let us know what the legislation has a say about this:
• As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.
• The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.
• In case the child is illegitimate then the custody shall be with the mother itself.
• If the parents are not willing to take the custody of the child or if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child. In this case usually, the grandparents are that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.
• If neither the parents nor any of the close relatives of the child are initiating to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.
Depending on the situation, the custody of the child is granted in the following ways:
• Physical Custody: When one spouse is abusive and not fit for the physical or mental reason to take care of the child, the court gives sole custody to that spouse who is caring towards the child.
The parent with the custodial rights will be designated as the primary caretaker and will be in charge of the child’s emotional, medical and educational needs.
The other parent may be required to take care of the expenses, but will not have any way be a part of the child’s life. Anyhow, the court often is sensitive ins such situation and give visiting right to the other parent.
• Legal Custody: The option of legal custody bestows the parents with the entitlement of making vital decisions with respect to the upbringing of a child. The rights so bestowed on them includes the right to cater to the child’s educational, moral, financial, and medical requirements. These aspects are given prominence as it has a direct bearing on the welfare of the child.
• Joint Physical Custody: When there is a tough fight for custody between both the parents, the COurt may order to have physical custody to both the parents. Here, the visiting rights are not fixed.
For example, even if the child is living with his mother, the father can visit him any day at any reasonable time, and do something for the child.
• Third Party Custody: When both the biological parents are not eligible to take care of the child, then a near relative, preferably an elderly woman is given custody of the child. THough a third person gets the custody, the biological parents can not get relieved from their responsibility.
The biological parents have to take care of the expenses and the child will have all the inheritance rights.
If you are inquiring how to handle your alimony and child custody matters with the guidance of an expert, you just require to call on +91-9811782573, or simply drop a mail.
While the couples part their ways and settle their disputes by taking divorce, it is not easy to settle the matter of the custody of their child. The couples may decide to move ahead in life separately but ultimately it is emotionally challenging for the child who suffers the most during their separation. Generally, child custody is decided among the parents before they petition the court for mutual consent divorce. However, a problem arises when parents cannot come to an agreement on custody of the child after divorce. The courts decide the cases of child custody on the case to case basis and the decision is taken on child’s best interest.
Child custody issues are very common in divorce and separation cases. The court will consider the ‘best interests’ of the child when deciding who should get custody of the child.
What does it mean to be awarded child custody?
In divorce or separation proceedings, it is common to find that the mother and father are on opposite sides with respect to the custody of their children. In a matrimonial dispute, the courts also have the power to pass decide who will have custody of children under the different statutory laws for Hindus, Christians and Parsis. Being awarded custody means the ability of the person to make daily and major decisions about their child. It also determines where the child will live – for example, if the mother is awarded custody, the child will live with the mother. The court may then grant the father and his relatives visitation rights – the court will usually go on to specify the frequency, duration and place where the father and the relatives will be allowed to visit the child.
custody of minor child to father
Custody of minor child
Generally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.
How to have custody of minor child below 5 years if you are a father.
In Anil Kumar pradhan Vs.Smt madhabi Pradhan
It was held that though section 6 of Hindu minority and Guardianship act 1956.
The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.
What is welfare of child?
Welfare of child cannot be measured by money or physical comfort alone,
tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.
if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.
held in kajal vs. Rajesh Rana
In Nil ratan Kundu Vs. Abhijit Kundu
The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.
V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,
that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the child
be eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court.
The court could go into the merits to determine as to where the permanent welfare lay
and ignore the order of the Foreign Court or treat the fact of removal of the child from another,
country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed)
would exercise the summary or elaborate procedure is to be determined according to the child
CHILD CUSTODY LAWS IN INDIA
Introduction
If a marriage breaks down and ends up in separation of a couple, the person(s) who suffers the most is the child or children born out of the marriage. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child.
What Are The Factors That Constitute “Welfare” Of A Child
Welfare of the child, broadly, includes the following factors:
Safe-keeping of the child
Ethical upbringing of the child
Good education to be imparted
Economic well-being of the guardian
Where Does A Minor Child Go After A Divorce?
The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, however is a question which the court decides upon. While the statutes are conflicting when it comes to personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of competent jurisdiction strives to strike a balance between the two, all the while holding the welfare of the child as the paramount importance. However, just because the custody of a minor has been awarded to one parent, it does not mean that the other parent cannot see or be in contact with the child. The courts in India are very strict to ensure that a child gets the affection of both the parents. The other parent gets visitation rights, the conditions of which are determined by the court.
Types Of Child Custody Arrangements In India
Primarily, a court of competent jurisdiction in India orders the custody of a child in the following three forms:
Physical Custody
Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with visitation and periodical interaction with the other parent. The aim behind such a custody award is that the child lives in a safe and fulfilling environment but is also not deprived of the affection of the other parent during his formative years.
Joint Custody
Joint custody of a child does not mean that the parents will both live together because of the child even though that what Indian courts believe is best for the welfare if a minor. It simply means that both the parents will take turns keeping the child in their custody. The rotation of a child between the parents’ custody may vary from certain days or a week or even to a month. This not only benefits the child as the affection of both the parents is not lost and the parents also get to be a part of their child’s life in those young years.
Legal Custody
Legal custody of a child differs from physical custody in more ways than one but the fundamental difference between the two is that legal custody does not necessarily entail having the child with you or being with your child at all times. Legal custody of a child basically means that the parent granted the legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.
How Does One Know That What Type Of Custody Has Been Granted?
Unless and until the order of the court specifically mention conditions similar to the ones discussed above, the parent who is awarded the custody of a child is not just awarded the physical custody but also the legal custody. Any other type of custody will be specifically mentioned in the order of a court and made clear to both the parents.
Who Can Claim Custody Of A Child?
The custody of a child can be primarily claimed by either the mother or the father. In case either of the two are deceased or not in the picture because of operation of any other law, the maternal and paternal grandparents, any other relative(s) of either of the parents strictly out of compassion towards the child can seek custody of the child. The Court can also appoint a third person to be the guardian of the child.
Who Has The Priority Claim To The Custody Of A Child?
The Hon’ble Supreme Court and other courts in India have reiterated time and again that in the proceedings for custody of a minor, the welfare of the minor is the only consideration, irrespective of the claims of the parties to the custody.
Who Will Get The Custody Of A Minor If The Mother Is In A Weaker Financial Condition As Compared To The Father But The Father Has Remarried And Has Kids?
The Mother of a minor cannot be discarded as the guardian just because she earns less than the father. The father has to provide for the child’s maintenance in such a case as it is a well-established principle of law that a step-mother has primary obligation of affection towards her own children and the father would be at work all day, and hence, the mother would be the better guardian for the welfare of the minor child.
What If The Child Is not A Citizen Of India, But Has Been Brought To India By Either Parent Who Is A Citizen Of India?
While dealing with a case of custody of a child removed by a parent from another country to India in contravention of the orders of the court where the parties had set up their matrimonial home, the Hon'ble Supreme Court has held that a child can seek refuge under the parens patriae jurisdiction of the Courts in India. Further, the Apex Court has noted that India is not yet a signatory to the Hague Convention of 1980 on “Civil Aspects of International Child Abduction”, and Courts in India must consider the question on merits bearing the welfare of the child as of paramount importance.
Conclusion
The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them.
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Law requires that at least one parent is always legally responsible for the child. Any change in the status of custody rights must also always be made in concern with the judicial system.
Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child's health, education, safety and welfare. Physical custody refers to which parent the child lives with.
Some of the factors that are considered when the court makes a custody determination are: (1) emotional and physical environment; (2) the personal safety of the child; (3) moral atmosphere of the household; (4) the mental and physical health of the parents; (5) the age of the children; (6) the age of the children; (7) preference of the child; (8) the prior behavior of the parents, including any history of abuse; (9) the ability of each parent to care for the child; (10) and the importance of religious upbringing within the family.
Once a court makes a custody determination, there are several possible custody arrangements that a court may impose. The court may impose: (1) sole physical or legal custody; (2) sole physical custody with joint legal custody; (3) joint custody. The term "joint" does not mean equal. Instead, "joint" means that the parties equally share the obligation to raise the child.
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Dear Sir.
My answers are as follows:
1. What are the options for me so that I can get the child for next 37 days. The school will reopen on 2nd June 2019?
Ans: Again approach the Family Court and submit as per the orders of High Court which has directed your wife to withdraw the petition.
2. I have filed execution petition before the trial court praying to detain her in civil prison for next 6 months for violating the said order which is contempt of court . will court take action on this or will be lenient?Ans: Evidence has to be led on the said application and orders will be passed on merits.
3. Now shall I approach the high court saying that despite the directions of high court dated 11.04.2019 the respondent is not handing the child and direct her to comply the order and take action for contempt of court?
Ans: You may file contempt against her and to struck of her defence in the Family Court.
4. Are there citations wherein the mother has been sent to civil prison for contempt of court in child custody matters?
Ans: There are very rare instances of such cases and at the most one day imprisonment was passed.
5. Any other suggestions to bring the child for this vacation? This Hon’ble high court of Karnataka will be on vacation from 29.04.2019 and after reopening the bench will change. The respondent is playing keeping this in mind. Kindly help me to get my son in vacation
Ans: You may take the help of police by filing an application before the Family Court to implement the orders with police help under Section 151 of CPC.
will husband get visitation rights If custody with me
Does my husband have the Visitation Rights if the custody is awarded to me by the court?
Answer
In most of the cases the Visitation Rights are awarded by the court to the parent to visit the child.
But in some cases the court can decline the visitation rights as well if the court can be reasonably convinced that visiting the child by the other parent will have any ill effects to the well being and growth of the child.
If mother gets custody of child can father challenge it?
After divorce can the other parent challenge the custody of the child? If after divorce the custody of the child is given to the mother can the father challenge it in another court of law?
Answer
The hon'ble court may pass such interim orders and make provisions in respect of the custody, maintenance and education of minor children and further wherever possible may alter the order upon an application from either party i..e husband or wife and after considering the same court will pass necessary orders for custody.
So, the father can challenge the said custody of the child citing grounds as to why does he believe that he will be the better guardian for the well being and growth of the child.
If child below 5 years who will get custody after divorce?
If Child is 5 years old who gets the custody after divorce ?
Answer
As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights.
But after the child has crossed the age of 5 years, the physical custody and upbring of the child will be considered by the court. So, if the child is in your custody then you can file a case under Guardian and Wards Act seeking custody of the child if your husband denies you for the same.
Who will get custody of child if parents unwilling to take custody
What will Happen if both the parents are not willing to keep the custody of the child?
Answer
Ideally, at such a tender age, the custody of the children should go to the mother.
However, since the mother is not interested in upbringing her own children, it is best that the children are taken care of by social services till they are adopted.
The chances of the children having a healthier future lies with those who are willing to take care of the children. The siblings should preferably be adopted by one family only.
denied to meet my child by my husband
My husband has denied me the permission to meet my child and he does not allow me to even talk to him. What can I do?
Answer
A parent can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
denied to meet my child by my wife
My wife has denied me the permission to meet my child and she does not allow me to even talk to him. What can I do?
Answer
A parent can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
Under which law can parents claim child custody?
under which Section can the Parents claim for the custody of the child?
Answer
A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
ustody of child below 5 years of age
Which parent has the chances of having the custody of the child below 5 years?
Answer
In majority of cases, the mother has the chances to have the custody of the child under 5 years of age. But it is the discretion of the court to decide that which parent has the capability to take care of the child. The welfare of the child is of paramount importance, thus the court shall also look into the financial capacity of the parent before granting the custody.
Wife characterless. Can i get custody of children if i file a divorce?
My wife has an affair and when I came to know about it, I apprehended her and the guy involved, and he apologized for it. This incidence has left a bitter feeling and I do not want to continue my marriage but my wife is not ready to give me a Divorce. I have 2 daughters aged 5 years and 7 years.
Is is possible by any way that I get the custody of my children if I file for a Divorce, as I do not want my wife's character to have a negative impact on my daughters.
What your wife has done comes under the ambit of Adultery, which during the subsistence of a marriage is a ground for getting a Divorce decree. Further, adultery by the spouse itself also amounts to cruelty and cruelty is also a ground for getting a Divorce under the Hindu Marriage Act 1955.
Remember it is always advisable to implead the adulterer along with the spouse to contest the divorce case as it will provide social and moral pressure on the spouse to come to terms to give divorce decree.
In respect of the custody case, your elder daughter has crossed the age of 5 years and at that age generally children have developed cognitive traits, wherein the court will elicit from the child about her choice that with whom she would like to stay. The children's interest will be the paramount consideration before the court for giving custody to the one parent against the other parent. Also, the non-custodial parent will definitely get visitation rights.
It may please be noted that for getting permanent custody of the children, the interested parent has to file a custody case, and contest it on various grounds as applicable. You may contest the same stating the impact your children can have due to the wayward behavior of your wife, and once the court is convinced that giving your wife the custody of your daughters would not be in the best interest and welfare of the children, you may be granted their custody accordingly.
Child custody in case of mutual divorce
Can anyone violate the terms n conditions agreed in mutual consent divorce petition after divorce? Suppose no access and no maintenance agreed can a husband still asked for access or custody?
Answers (2)
Though it was agreed and decided one can always demand modifications in the said decree by filing necessary applications in the concerned court either mutually or by contesting so there is no bar and matter do not ends there. You need to consult in person with advocate by showing all the necessary papers of you previous litigation.
How to claim child custody n belongings after getting expartee divorce
Hello sir...am a govt employee and my husband is a businessman...we have a 4 yrs old child..my in laws n my husband tortured me a lot regarding dowry so I approached a lawyer n gave a notice to change their behaviour n left to my working place with child..he then sent me divorce notice..I was not properly guided so I dint attend any of the hearings and the divorce has been granted..my gold n belongings are with them..how can I claim them..and maintenance of child....and what about the child custody...how I have to act now...whether to reopen the divorce decree or there is an another way to fight regarding this??
Answers (1)
Hi,
Normally a divorce is not granted by the court until a full term and cooling period is tried, in your case we will need to understand notices sent to you to summons and duration.
2) child custody and maitanence - custody can be sorted however any claim on maintance would be ruled out since you have a job and earnings
3) Belongings can also claimed through a petition
Parents torturing the child what to do
If some parents torture his child then what should do
Answers (1)
If you are aware of such situation you need to report it immediately to the Child helpline 1098. Then, the children will be taken out from the custody of their parents and will be taken into custody of the government.
Can wife hide details of kid after divorce
Hindu marriage. Wife left home with 3 year old child. Divorce filed in family court. Two counselling session over. Wife not sharing any details about son example which school he is studying, his health etc. When councillor asked to provide access she said as she works even on Saturdays not possible for her to bring child to family court. Left matrimonial house on her own and is now working. Was staying with her parents. Came to know she shall be shifting to new location. When asked her she refused to share details. Can I apply for child custody. Isn't it binding on wife to share her new residence address with husband and also inform court? Can wife even in front of councillor deny sharing information about child school? Wife staying in same city.
Answers (1)
You need to immediately file a fresh application in family court for custody and injunction. You need to injunct your wife on urgent basis so that she cannot uproot your child from the city. Once the child changes the city, you will have to file custody in the city in which the child will be. Therefore, to save the hassle please file for custody and injunction on urgent basis in family court.
Child Custody Rights of a father before divorce
My wife is living separately since past six months.Neither of us have applied for divorce.Due to health reasons,my wife left my daughter at her mother's place which is about 1000 km from my place.I tried to convince her but she refused to bring our daughter back.My daughter was living away from both of us for more than a year.I went to her mother's place and brought my daughter back.Knowing this, my wife travelled to her mother's place and filed a DV case against me.Per online status,court issued exparte order to handover my daughter to my wife but I never received the order.How to deal this?
Answer
You can challenge the exparte decree passed against you from the Court, you need to justify along with a proper justification that you never received any summon or notice from the Court due to which you could not attend the proceedings. You can file an appeal for child custody and challenge the orders of handing over your daughter in the appellate court.
How to record custody of child in written
My husband has agreed for child custody to remain while getting divorce on mutual consent. But I want it to be remain written in the decree that he will not claim custody of the child in future ever. Is it legally possible or notAnswers (2)
Yes it is possible but if it is decreed in progress of Court. You are advise to file case for custody of child and there during divorce on mutual consent the said case also decreed mutually as per your condition
Yes it is possible. When you file divorce petition you can enter your averment .it will help both of you if you decided Child custody in father. In future if any problem has given, on basis of this decree you can proceed .
Wife want divorce and child custdy how to stop her doing so
I dont want the Divorce. But My wife wants a Divorce from me and also want Child custody as well. I have two kids [Daughter: 4.5 yrs and Son 1.5 yrs]. Now she live in her parent house She even dont allow me to meet my child regularly, she dont want that i will pay the payment of my child schooling. In nut shell she want that i can meet my childs in an month. Can you pls advice where i stand and how can smooth the things?
Answers (4)
without grounds no one allow to get divorce. you have full rights to meet your child at any time and as many number you can. you can claim the custody of your children if you are capable and able to maintain.
You can file petition under section 9 of HIndu Marriage Act for conjugal rights. Also you can file for custody and visitation of kids. This case will also help you in meeting your kids as per the directions of the court i..e every week plus you can pay their fees etc. by mentioning the same in the court. Please dont worry. Let her come to court and file her reply. The mediation process in the court will also help you. But your petition is to be drafted and filed by an experienced advocate.
question regarding a fathers child visitation rights
My wife and I were planning to file for divorce by mutual consent and talks were going on. Issue was mainly due to differences and interference by her parents. We are Hindus, married for 14 years with 3.5 yrs Son. Now suddenly after a heated phone call between her mother and I, she has taken leave from work and shifted from our house in Bangalore to her hometown along with son and her parents without telling me. She called me after shifting to inform that she would be applying for divorce. Now they don't connect me to my son when I call and are not picking up phone. Are telling people that they would put my son in a school in their hometown. She hasn't quit her job in Bangalore. After divorce I wanted my son to spend with me alternate weekends and half of major holidays but she wasn’t agreeing to it. But now, before divorce, can they stop me from talking or taking my son out or bringing him to my home for few days? Can they put him in a school without my consent? Please advice.
Answers (1)
you are entitled for visitation rights to meet the child. No body can restrain you.. you can approach the courts for visitation rights. even if she files for divorce in that you can claim visitation rights
custody of girl child with wife's parents. Wife staying with other man
case filed by wife. Going on for past 8 months out of which she remained absent for the last 4 times repeatedly. She is staying with another man in another city. Our 3 year daughter is with her parents. During the last time even the judge fired her lawyer about her absenteeism. What is the next proceeding of the court in such case and how the proceeding are made and how to file for custody of girl child?
Answer
If the child is with your wife parents then you can file a case of custody under Hindu Minority Act and guardianship act 1956.
As per the said Act custody of a child up to 6 years stays with mother however after examining the paramount welfare interest of the child custody of the child can be given to father
Answers (1)
If she remains absent continuously then the judge will proceed with case which will ultimately benefit you. If the stage of case does not require her presence then her advocate presence is enough. If she do lead her evidence then you may win the case against her.
advice to appeal against interlocutory order under section 12 GW Act
URGENT family court passed order on 10/10/2018 as above to hand over the custody 8 month child to mother(mother abandoned the child five month back) with in 2 hour, did not allow time to appeal in high court. however in order of execution mentioned that respondent can move against to the order to high court. How can we challenge the order in high court double bench
Answers (2)
Hi yes u can move the Hc and tell the court all about it what is the matter and all what does the order say and all how much time limited was been given to u can go to the Hc and fight for it yes u can challenge the order in Hc and tell the court all about it
hello client as Ur saying tht the custody of the child of 8 months old has been given to her mother and the family court not even given the to me to go into appeal to the high court and with in 2 hours the orders has been complied by the help of the court orders so I have two move to high court urgently so you can get order into Ur fevour
child custody and maintenance after one talaq
hello I'm n my husband are muslim we have twin daughters of one year old currently with me... he stays in saudi im in india he gave me one talaq and now he wants to give child maintenance money through bank account he told me to make new account on the names of babies. I'm afraid to take that money as he might take Away my babies from me as he gives me maintenance money.. what if i dont take that maintainence money? can he still get custody even if i dont take that money?
Answers (1)
As per the latest Supreme Court of India Judgment, one Talaq is not acceptable So you can file a Petition against your husband that the Talaq is not valid and you can seek maintenance for your minor children. As the children are minors you have every right to receive the maintenance on behalf of your minor children. For this you can file a Petition before the concerned Court of Law.
father gave child in orphanage and asking him back after 21 years
Hello Sir/Madam, In 2013 a man had approached me because I ran an Orphanage wanting to admit his child under our care because his wife had died during birth, the baby was 10days old and was in a very harrowing state of health, we felt pity and accepted the Child in the best interest of caring for the baby. 21/2 years later the Father approaches us seeking to take the Child back, but we feel that he is not in a capable position to take care of the kid, however due to pressure we gave in and he forcefully removed the Child from our home.What are our options, as we know the Child needs morecare
Answer
In this case you can write an application with regard to the welfare of their child to the Court seeking remedy under the Guardians and Wards Act, 1890
How to get my son's custody
i m married on 1 june 2009. since marriage till now i was mentally n physically tortured by my husband n his family. n mainly he is unemployed n wants me to always bring money from my parents. i have two children from this marriage. one son of five n half years n daughter of two n half years. now we are separated. i have filed case against him in women cell also. he has forcibly taken my son with him...i want my son custody from.him.
Answers (3)
A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec¬tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de¬ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
Do not worry . For the custody of your child you should file a case for guardianship in the family court and also file domestic voilance case against your husband and in laws for all the wrong done to you. This will also make pressure on your inlaws and as he is not earing can b a ground to claim custody of your son
Custody of your son can be taken by you by filing a case under guardians and wards act in the court of law only because primarily it is the right of mother to have custody of child who is of tender age.Rest things will be taken care of by us further on discussions with you once u decide to file case in court of law
How to obtain the child custody paper
What is child custody paper? I need this paper for some official work.. I'm divorced and our daughter has joint custody of both the parents Where do I get this so called custody paper/ document? I'm out of Delhi so my phone is off. Kindly contact through e.mail Regards Sheetal
Answers (4)
Dear queriest,
The custody terms would be mentioned in the settlement deed entered into between you and your wife or in the divorce that was granted by the court. In case of difficulty please contact a lawyer with the case details and he would help you to find them.
You have not clarified how you got joint custody of the daughter. Further it is not clear if it was divorce by way of mutual or it was contested divorce. I presume that in neither case, it is clear about custody of the daughter.
So petition for custody of child can be filed in the family court. The judgment of the court in such petition, may be called child custody paper. Thanks
As per your query stated, the facts are not clearly mentioned.
If you are divorced then, at the time of your divorce decree was passed, every issue regarding custody of child would have been discussed and accordingly child custody papers would have been handed over to you or your husband.
If not, then it has to be applied. For further details, please contact.
if the cocnerned court passed an ordrer for joint custody then the decree is sufficient, or you are made a general agreement according to court decree or child custody deed also. if you want the more detail then contact me at my mobile or e.mail or at my office.
Wife took children along with her how to get custody for my children
The mother had gone to her fathers house with he two sons under Normal circumstances where the father of the children booked the tickets as a part of winter vacations , the mother had an alteration with fathers younger brother and since than has refused to come back and even not letting the father speak with children what are the legal options of the father . Children are both boys and aged 7 and 3 and a half years respectively
Answers (2)
in the present situation, the father has two choices regarding children
1. either to seek custody of the children however, the younger son is too young to survive without the mother but you can seek custody of the elder son
2. or you can seek visiting rights to your children
or in the alternative you can seek restitution of conjugal rights i.e file case to get back your wife in the marital home
You can always move court for seeking custodial rights of his children. Nobody can stop that. However, it may have its own consequences too. I would suggest to submit an application before women cell of your area requesting them to do counseling as you want to have your wife and children back and to start life afresh.
What if transferred case withdrawn and filled again at original court
My sister is separated for the last 5years. She has two kids. She leaves at Delhi now. We used to leave at jammu and she was married there. Her husband filled a case for custody in 2015 at jammu and was transferred to Delhi through Supreme Court. However, few months after it was transferred her husband withdrew case with liberty. Now he has filled same case again at Jammu. It's defeat the purpose of being transferred initially. Is it allowed? If not what should be done in this scenario?
Answers (5)
Hello,
Yes a case can be filed again, only under one condition when the petitioner/plaintiff has withdrawn the case "with the liberty to file it afresh on the same grounds" . if this condition is not met with then a person cannot refile it on the same ground. So u need to check whether the previous case while being withdrawn had the permission of the court to file it afresh on the same ground or not? Also considering that he had the permission of the court, then it will be a fresh case and u will again need to file a transfer petition before SC. You may of course refer your previous petition which was allowed in the SC while filing the same this time.
hello client hru,
i have gone through ur query which u have posted on lawreto.com
as per ur query your sister reside in delhi and ur sisters husband who have earlier filled a case of custody of childrens earlier but got it transphered to delhi and latter on he withdraws the case. and now again he has filled the same case again in jammu in this case you should get it trnaphered to delhi again and fight it
Custody of child if father abandoned mother during pregnancy
my child is 24month now and my husband dropped me at my parent's place when I was in 2nd trimester since then he lost all contact with us. hen thr are any chances tht in future i have to fight for my childs custody as well
Answers (2)
Dear client,
Try to contact your husband and talk to him for future life. If he not ready then send him a legal notice and file complaint case against him. And you can also file a case of maintenance
Yes as per law the child remains in the custody of their mother till he/she attains the age of 5 years after that you have a right to file case of custody of your child unless your husband claims the custody of the child.
Procedure for child custody after fathers death?
My brother-in-law died in a train accident on 23 April 2014, and my sister left that house after a week with a 2 year old kid and no property at all. She got remarried on 25 May 2015 and staying happily.Suddenly my ex-brother-in-law's family want us to make a adoption deed confirming that, this child is going to stay with the new family and you need to take our consent, otherwise they will take some legal action. I am not sure but this is all to acquire the property of my ex brother-in-law by their brothers situation. Could you please advice me if we can take some action and also what is the best possible way in which my nephew can get his rights. Please let me know what are the legal complications this situation can have.
Answers (3)
Mother z d first & foremost legal natural guardian of a child than father even. Who r they to ask u such stupid questions.Tell them to go to court..by showing adoption d child ll loose legal rights over his fathers property. Ur bro-in law has some property where d child can claim.so they r afraid of. Don't give any such consent.
dear sr
your nephw is now mnior so his total legal guardian is his mother means your sister as ab mother has complity rites on his child adoption deed can not make without his mothers consent .
Now the child is staying in his uncle's house ? In his birth certificate what is his father's name? To protect his property right do not execute any deed without consulting with an advocate. If possible file suit for partition
challenge the custody of the child
After divorce can the other parent challenge the custody of the child?If after divorce the custody of the child is given to the mother can the father challenge it in another court of law?
Answers (1)
For that firstly we have to go through order of the divorce petition and the orders passed regarding the custody of the son. Further as per custody of son is concern the law is clear that, Court from time to time , pass such interim orders and make provisions in respect of the custody, maintenance and education of minor children and further wherever possible may alter the order upon an application. from either party i..e husband or wife and after considering the same court will pass necessary orders for custody. so Father can challenge the said custody of the child.
legal guardian
I need to know about legal guardian for two minor kids.what kind of documents required for that.
Answers (1)
The Probate Court can appoint a legal guardian for minor children when it is appropriate. Each county in Maine has a Probate Court. Find a listing here.
Step 1: Get the required court forms and fill them out
You will need to get and complete several forms. Go to the Probate Court office in the county where the child lives. Explain to the clerk that you want to petition for guardianship of a minor child. She will give you the appropriate forms.
The courts charge for the forms, as well as for filing them. If you have a very low income and cannot afford this fee, you can ask the court clerk for a fee waiver application.
Different Probate Courts may require different forms. But you can get at least some of the forms you will need online here. (Find probate forms on page 2 of "all forms" pages. Or just keep reading to find form links below). If you use these forms, you will have to pay for them when you file them with the court. Pay close attention to the paper and ink requirements (link is external). The court will accept only forms that comply with those rules.
Here are the basic forms that all courts use:
The key form is the Petition for Appointment of Guardian of Minor. The person filing the Petition is the Petitioner. You can propose yourself as the new guardian or another person whom you think is qualified. Make sure that the person you nominate (the nominee) is willing and able to take on the responsibilities.
The second required form is the Child Custody Affidavit. On this form, you tell the court about where the child has been living for the past five years and what other parties may have a legal interest in your petition.
If you are claiming that the child is living in an "intolerable living situation," you must also file a sworn affidavit describing the specific facts. This form is called Affidavit of Petitioner for Appointment of Guardian of Minor Alleging Intolerable Living Situation.
Some courts will also require you to file an Acceptance of Guardianship form with your Petition.
If the child is, will be, or has been, receiving public assistance benefits (TANF or MaineCare), you will also be required to file a Statement Concerning Public Assistance form. Most courts require everyone to file this form. DHHS must be notified and may take part in the case, to see that child support issues are addressed.
Note: Go here for information about seeking a "temporary guardianship" vs. a "permanent guardianhsip."
Step 2. File the forms
You can file the completed forms either by mailing them to the appropriate Probate Court or hand delivering them. Keep a copy for yourself. Make a second copy if you will be doing your own "notice." (see next step)
Step 3. Notify the other parties
You must notify these people that you are petitioning for guardianship:
the minor child if he or she is 14 years or older and has not yet consented,
the parents of the minor child,
the person who has cared for the child for the 60 days prior to filing, and
any other person as directed by the Judge of Probate.
Getting "notice" means that these parties must get copies of the court papers.
This notice can be done by sheriff's service or by certified mail restricted delivery. In either case, this will provide you with proof that the parties got this notice. Because the mail process can be complicated, some courts will do the service for you, charging you for the cost.
Service by Certified Mail
Take copies of the forms you are filing with the court to the post office. You will need one set of copies for each person that you need to notify. Tell the postal clerk that you need to send the papers by certified mail. Make sure you ask for a "Return Receipt" and "Restricted Delivery." This costs more and involves a few extra steps. Get forms and help from your post office. File with the probate court clerk the green cards you get back from the post office, to prove that your forms were delivered.
Service by Sheriff
Mail or take the original and copies of your forms to the sheriff's office (one set of copies for each person to be served). In a letter, or in person, ask the sheriff’s office to serve the papers on the other parties. Give their home addresses. If you think that a party will be hard to find at home, give a work address or place where that person is likely to be. The deputy who "serves" the papers will complete the "proof of service" information and return the original to you. The Sheriff charges for this service (about $15-$30 per service).
Any party is allowed to "waive" notice if he wants to. Most courts will not accept a simple signature but will require that the signature on a statement of waiver be notarized. If any parties in your case want to sign waivers, check with your Probate Court to find out what forms they require.
In rare cases, where you cannot locate the parents, the court may allow "service by publication." This means publishing notice in a newspaper. The Probate Court must approve this method of notice, if all other methods fail.
Step 4. Probate Court hearing
What happens next will depend on whether the parties are in agreement or whether the matter will be contested. No one is required to reach an agreement. At the same time, an agreement can save everyone from a potentially long, expensive, and emotionally difficult court hearing.
By Agreement
If the parties agree, the process usually goes more quickly, with the court hearing being less formal. The Probate Court Judge still must approve the guardianship. She will look to see if the documents are in order and decide whether the guardianship appears to be in the best interests of the child. In most uncontested cases, the judge will approve the proposed guardianship. However, the judge always has the final say, even if the parties have agreed.
Contested Case
If the matter will be contested, it will take longer. The Probate Court Judge will hold a hearing, or a series of hearings. We strongly recommend that you get the help of a qualified lawyer who has experience with handling this type of case. If you have a low-income and cannot afford a lawyer, and you want guardianship of a child who already lives with you, you may be able to get a free or low-cost lawyer. Contact the Maine Volunteer Lawyer's Project (link is external) for more information. Also, the probate court can assign a free lawyer to represent you in limited situations; ask the court clerk about this. However, be aware that you do not have the absolute right to a free lawyer, even if you can't afford one. These are only some resources that may be able to help.
The child's parents (or present guardians), on the other hand, do have the right to a free lawyer to represent them if they cannot afford one. The court will appoint them a lawyer if they apply to the court and the court agrees that they cannot afford to hire a lawyer.
Guardian ad litem
In some contested cases, the court may appoint a guardian ad litum (GAL) for the child. A GAL may be a lawyer or psychologist or some other professional trained in children's needs. The GAL will interview all of the parties and the child. The GAL can gain access to the medical records, school records, and other documents which are relevant to the guardianship. The GAL may investigate you, including your criminal history, medical history, and involvement with DHHS. The GAL will then make a recommendation to the court as to whether a legal guardianship is appropriate and whether your guardianship petition should be granted. The GAL's recommendation is just one piece of evidence which the court will consider.
The court hearing: burden of proof
At the hearing, you carry the burden of convincing the Judge that he should appoint you as the child's guardian. It is not enough to believe that you would provide a better life for the child. The parents' Constitutional rights are at stake; the law and the court set a high bar. You must prove:
that the parents (or legal guardians) are unwilling or unable to care for the child, and
that living with you is "the best interests of the child."
Step 5. Court approves or denies guardianship
After hearing and considering all the evidence, the judge will decide whether to appoint a guardian. If appointed, the new guardian must file an Acceptance of Guardianship, if you have not already done so. If necessary, the Court will appoint a temporary guardian and/or a guardian ad litem until the new legal guardian is assigned and has accepted the responsibilities of guardianship.
Husband dead wife remarried will grandparents get child custody
if husbund is died and his wife do second marriage . chaild is 4 years old so custody going to be child granparents or not?
Answers (2)
Dear client if wife's second husband ready to adopt the child then custody of child remain with mother. File case in court for appointing as guardian of child. Once court appoint as guardian husband can adopt child legally. For any legal help call me
Adv Prasad Patil
Pune
No
Firstly mother is liable for get a custody of the child
If we prove in court that mother will not take the properly care of said child
And the future of the child is not well with the mother then Court will handover the possession and custody of child to us i.e to grandparents
Procedure to claim child custody as husband filed for divorce
Child custody for mother 07 year as per Hindu marriage act . Girl child is with father.father has filed for divorce.
Answers (3)
You have to file petition for seeking custody under HMA before the family court by disclosing the grounds in support of your claim of custody of child. Generally the custody of minor girl child is given to the mother, but overall benefit of the child is the main point of consideration.
The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him ,a gurdianship case will have to be filed in the family court seeking relief of declaration of morher as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts.Normally the custody of child of upto 5 years of age is with the mother and in the present case also the girl child being only 7 years of age ,the Court will most probably grant custody of girl child to mother .As the proceedings may take time and the girl child is in custody of father,a prayer for visitation rights of the child to the house of mother can be made for holidays and in vacations as an interim measure till the case is finally decided so that the girl child is not deprived of company of mother during pendency of the case .If custody is granted to the mother ,father will get visitation rights on terms fixed by the Court .
Kid of 8 years does not want to visit the non custodial parent
We got divorced in Feb 18 after a separation of 5 long years in which kid has no contact to her father as he never contacted us. After our mutual divorce as per the agreement we have visiting schedule. But every time kid will cry and doesn't want to come to visit. I have to convince some how and as per time it should be for 6 hours but it happen only for 30mins. What can be done in this situation if kid is denying for the visit. Also I am now married to someone else.
Answers (1)
Hi.... You can convince the kid to meet her father other wise father may file a petition in the court that, mother is not allowing kid to meet her father and mother is tutoring her kid not to mingle with the father.
Thank you
Regarding custody of child, please guide me about available options ?
We belong to sikh family.as my elder brother is married 3 years ago and they have one boy child whoch is 2.5 yrs old.from last one year there were dispute and small fights between my brother and his wife and now she wants not to stay with my brother and want divorce.and one thing more my parents has expelled my brother from all the property with notification in newspaper. And my brother is jobless too..so i want to ask the question can my brothers wife can claim any maintenannce from my brother or any amount of money as he is jobless and expelled from anscestral property moreover how we can take custody of the child.
Answers (3)
Yes, she can claim maintenance, no matter how less, but court will asign maintenance.
And second aspect, the custody of Child will remain up to 5 Years with mother. After 5 years you can file for custody and court will consider the paramount of child.
She very well can claim maintenance and beware of 406/ 498-A proceedings too. I dont intend to scare you but be cautious. About custody also mother is the natural guardian until the age of 5..
Can father get custody of 6 year old daughter
can I take the custody of my daughter or can court grant the custody
Answers (4)
Hi
Normally the mother is the natural guardian of child till the age of 5 Years under law. There is no bar in law which prevents handing over the legal custody of child irrespective of gender. You can claim custody by mentioning how the child can be benefited if the custody is given to you. The paramount interest of the law in such cases is child's future prospects taking into consideration the social, moral and financial background of the parents.
Yes why not, welfare of the child would be the paramount consideration in considering the custody of child. You can approach the honble court of competent court of jurisdiction according to the place of residence
While granting child custody court considers the paramount interest of the child. It is a logical decision of the court n not emotional. Many factors r considered like generally the court do not disturb the environment in which the child is at present. So it depends upon each case n detailed analysis is required abt what can be done in each specific case
Dear as per guardian and ward act, up to 7 year mother is considered as natural guardian of the child, after that if the child is male then it is easy for the father to get his custody, but in female child's case generally custody goes to the mother, but if the mother is unable to take care of the child due to any reason or the mother is character less having some affair only then father can get the custody.
Possibility of getting child custody of 4 year old child by father
what is the possibilities of getting custody of minor kid 4.6. Her mother left her 1 yr back and she is not in touch . I am taking her of education and upbringing. She is with my mother .
Answers (1)
Normally the custody of child below 5 years is given to mother but if you can prove that you are capable of looking after the child better then her mother the custody can be given to father, further there are many supreme court judgements which have held that welfare of child is more important then provisions of law. Hence there are chances that you can get custody even if child is below 5 years.
Can father take custody of one child out of two children
my wife has been taken my both chidren a 12 years and 4 years for 8 months . she refuse s to meet my children and alow to see . i have focus on my younger son. can i take my younger son 4 year forever or a child both of them. can i take a child ? is it in my favour? she wants to take both children and gave threat to me that you can not take any one so please reply soon .
Answers (1)
Regarding guardianship of a children many factors are involved. You should approach the court for seeking custody of your children. The court will consider the age of he child, income of parents, etc .
i have one girl child 5 yrs old. i want to know how can i meet my baby
i have one girl child 5 yrs old nd my wife living wid her parents and she has been do case against in me in women cell i wanna know how can i meet my child
Answers (1)
you can application before the civil court to meet you child and even you can apply for custody of the child but you have to prove that you cam look after the child in better way so that court is satisfied regarding the welfare of the child
can child custody be a term of condition in mutual consent divorce
my sister and her husband have agreed for mutual consent divorce.But her husband is asking for child custody as a part of mutual consent divorce.He left my sister n her 3 months old baby to her paternal home around 5 yrs back. Since then he never came see them even for 4 yrs . since last one year he is touch but not ready to take his wife and son to his home.
Answers (1)
Yes. The custody of the child can be one of the grounds in the agreement under mutual divorce/ section 13 of Hindu marriage act. But both of them should agree to the clause you can also mention the visitation rights of the parent who is not getting the custody of the child
Wife is separated i want to take my daughter for my family function
My wife is separated from me and not willing to be with me and also not ready to give me the divorce.. She took my 3.5 years daughter with her and also got settled with her brother who is married and their parents are also living with them.. She doesn't even want my daughter to meet me even.. She doesn't call me nor she make me talk to my child. My younger brother marriage is in April so I want my wife to be present and if she doesn't come at least my daughter should be with me.. Do I have the rights to take my child from her for a week or so if she doesn't come?? please help..
Answers (4)
In your case you may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree and you may also file a case for a custody of your child.
Dear client
Yes, you have legal option to get your wife and daughter back.
You can file habeas corpus writ petition in the high court directly if your wife and daughter are in illegally detention. By filing aforesaid writ petition court will summon to the respondent (her father/mother or the person whose house the carpus is currently residing in) to produce the carpus before the court.
Thereafter the concern high court will record the statement of carpus.
If she will express the desire to come with you before the court then court will give you the custody of corpus.
In case* she deny to come with you then it would be also good and helpfull for you in the trail of 125 cr.p.c.*(if she claims).
In this condition you have to file a suit in family court under section 9 restore consugal rights in hindu marriage act. And also mentioned there for rights to meet your child daughter. When she come in court hopefully court can send her with you.
Wife tried to commit suicide, how to get custody of children
I want to get my children's custody my wife is staying with children at her mothers house .there she tried to commit suicide and now she has threated to kill children if I do not give her divorce immediately. Already she has filled case for divorce under sec 13i a.and I have filled under sec 9 for her to come back. What can I do to get my children's custody and to make them safe. We are Hindu..Matrimonial question
Answers (2)
Without her wish you can't force her to stay with you. Try to settle the matter amicably with family counselling from expert counsellor. Mother is natual guardian of child hence no question of custody.
Hi for the safety of your children go for divorce under mutual consent under which you can ask for custody of children otherwise give her divorce than file case for custody. But still there are some restrictions to apply for custody.
What does "nature of disposal uncontested dismissed" mean
Dear Sir What does " nature of dispossal uncontested dismissed" mean? Not pressed Thank you in advance
Answers (1)
Hi,
Disposal uncontested dismissed means . The case is over with out contested by the opposite party.
And meaning of not press is the plaintiff /petitioner /applicant does not want to press the case .
Can i challenge the custody of children which was given to ex husband?
Can the custody of kids which is with my ex husband currently be challenged in case he is not allowing me to meet them or talk to them and is not taking proper care of them? I have taken Divorce last month and the custody of my kids is with my ex husband.
Before our Divorce was finalized, he was giving me the comfort of talking to our kids and also he was not going on tours so frequently. But now things have changed. Can I fight for the custody for my kids now?
I don't need their maintainence amount from him but just need the custody. Kindly advise.
Ans: Yes, you can challenge the order for grant of custody based on the ground of change in circumstances. You shall have to adduce evidence to prove to the Court as to why the custody should be granted to you.
We shall be in better position to guide you if we could know the reasons as to why the custody was granted to the father in the first place.
Was there any written agreement under which custody was given to your husband?
How can I get the custody of my 2 years old baby girl?
I wants separate from my husband.he is harassing me mentally.icant adjust with my husband.we have a baby 2yrs .I don't wants leave her with him .Will I get my baby before diverse.
Answers (3)
Yes legally mother is entitled to take care of baby and she is the first guardian. You will have the custody of your baby as she is only two years and only mother can take care of child at this tender age and if any case is filed for custody you have to prove that you are the best care taker of your child with all amenities for her future.
If u wants separate from your husband file judicial separation petition u/s 10 of HM act before family court judge and further u wants your kid with you file a petition under Guardian's and wards act to declare you as guardian of your child
Hi,
You can try to talk and settle the issue with the help of elders if still your not satisfied then you can file case against husband for harassment. For the custody of child it is different thing and he will have to file case against you for custody of child. Call us through website for assistance
Wife left husband along with children want to file for child custody
after 3 yrs of marriage in Hindu religion, my wife does not want to live with me. She quarreled all the time and make the things worst. hamesha kisi na kisi bahane se ladai kark apne ghar chali jati hai jo ki local delhi me hai. Main apni family se 7 to 8 hundred Km door akele rahta hun. Wife k ghar wale bhi isk support me rahte hai aur mujh par jhoonte iljaam lagate hai ki main ladai karta hun ya marta hun. Mere do chote baccho (2ys old daughter and 4 m son) ko mujhse door kar dete hai, mujhe akele rahne par majboor karte hai aur paresaan karte hai ki main Divorce le loon Please suggest if there is any chance to save this marriage or to get back my kids from her after divorce as I love my kids..Also what could be the other consequences or cases that their family can impose to my family i.e my father, mother, brother and sister. my wife also does not want to mingle with my family and wants me to give privileges to her family and their other local relatives but I treat the same as she
Answers (2)
Sir, You can go for section-9 of HMA where court can order your wife to live together...I will not suggest you for divorce unless you ready to give alimony to your wife and yes she can create a case against you or your family for that please report a complaint before she do.
In Your case you may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree, for clearing your doubt you may book a consult on phone.
Clarification on visitation rights of a father
Both Husband and Wife file petition under 13(B)(1) and First hearing is over. Now if husband does not appear for the final hearing, what will happen to this case? Also in the petition document its mentioned that Wife will have custody of the child(2 years old). Does this mean Husband cannot even visit the child? What kind of rights does the Husband have regarding custody of child as well as visiting the child? Should Husband mention about the visiting frequency and timings in the petition document or it can be verbally discussed with the Wife?
Answers (2)
Before filing a petition, parties rights with respect to alimony, property and custody should have been settled. Seems, it is not settled as per your query. Consult your lawyer to make necessary amendments.
Hello Sir/Madam,
If the Husband did not appear in the final hearing of the mutual divorce petition (even after the court grants some time) then the court would not grant divorce. Also when the child visiting frequency and timings are not mentioned in the petition it will be difficult to establish the same as a right in case if the wife doesn't adhere to the timings and frequency and creates any issue.
Maintenance of a major girl of 18yrs. Are the parents not responsible?
This case belong to a Hindu girl who was bought up by her mother after taking divorce from her father. Now the mother wanted to get married to a man who doesnot want this girl to accompany her mother. On the other side father of this girl got already married and leading a happy life. So both the parents are not concerned about this girl. She has 18 yrs yesterday only. Pl give us any solutr
Answers (2)
Hi,
As she is major she can do as per her wish but is she complete her studies and what happened to parents of her mother she can live with them if they are alive. She can claim maintenance from father until she marry.
Both the parents are liable to maintain a girl child until her marriage and they are bound to pay her maintenance and educational expenses. “However, there may be cases where a daughter or a son, even after having attained majority, may not have sufficient financial capacity to maintain themselves and they continue to need the support of their father... These are real-life situations. In such cases parents are bound to maintain children.
For my 1nd half year girl child custody
Hello, me ek govt. teacher hu. Mera divorce 15 Nov. 2018 ko Islam religion k nusar panch commity k presence me hua hai nd muze 1nd half year ki bachchi hai but divorce k time mere pati k tarf se bahut pressure aur paison ki mang k karan muze mere beti ko dena pada nd unhone stamp paper par likhava Liya ki beti ki responsibility uske father ki rhegi aur but muze Meri beti chahie. Kya mein court k trf se custody case dalkar mere beti ko vaapis laa skti hu kya because she need me. Pls reply fast.
Answers (1)
Dear queriest, as per your query according to Indian Law the custody under 5 years of old child always remains with the mother, so you are for sure required to file for custody of your child before the honorable court so that the same will be with you.
custody/visiting rights of grandparents
Daughter-in-law lives with her widow mother with the granddaughter who is now six and half year old since last seven years. Her husband, I.e., the son lives with his parents. Son occasionally visits his daughter. How the grandparents, I.e., the parents of the son may obtain visiting rights at their residence or custody of their granddaughter? Do they have any legal remedy? This is a Hindu family.
Answers (3)
Hi
I read your matter very carefully I want to inform you that I have subsequently deal with this kind of matters.
Yes off course you have every right to see your grand daughter.
But still I want to know the every aspect of your matter.
Everything is taken care by me and my team.
I do not understand the story properly. However, I wants to say that, the Grandfather or Grand Mother whatever may be have no right to take custody of a grandson or granddaughter if their father or mother i.e., natural guardian is/are alive. But the Court may permit them to visit their grandson of granddaughter occasionally, on humanitarian ground. There is no legal provision in favour of grandfather or grandmother.
You can file a petition under Guardian and Wards Act seeking custody of your grand daughter and you can file petition under this act for obtaining visiting rights of your grand daughter. You have to file this petition before the District Judge of your district.For further help you can contact me through mail.
Who will get the custody of my child?
I was married 4 years back. Me and my wife are not staying together since 2 years. With this wedlock of 4 years we had a girl. So my girl child is with my wife. How can I get the custody of my child before divorce?
Answers (1)
Sir, legally you are not allowed to take custody till your child attains seven years of age but by filing necessary application you can avail the visiting rights and other reliefs by the court order. So kindly meet in person for detail discussion.
Where can I file a change of child custody suit
Divorced 5 yrs ago on mutually agreed terms. Physical custody of, now 11yr old, daughter is with my ex -wife. I am unhappy with the way my daughter is being raised and there is often frustration of my visiting rights. Want to know my legal options. Daughter was born in Hyderabad, Divorce was pronounced in district court Panchkula and the daughter is currently residing at Delhi with her mother. Where can a file a change of custody suit?
Answers (1)
You can imitate the proceedings for change of custody of the child where the child is residing presently I.e. Within the jurisdiction of the concerned district in Delhi.
The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.
The court is parens patriae, the ultimate guardian of the child and her/his property and so minor's property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be 'the best interest of the child'.
How to claim visitation rights after first motion in mutual divorce
My wife and myself have recently filed for mutual consent divorce under 13(B) of HMA. The second motion is scheduled after 6 months. We have a 5 year old son from the marriage. The consent terms filed along with the petition specify that the custody of the son shall be with mother but do not mention the visitation rights of the father. What will be the correct procedure to claim visitation rights of father. Do I need to request my wife to jointly modify the consent terms before second motion or should I file a separate application in the family court aside from 13(B) petition for grant of visitation right?
Answers (1)
As you and your wife have filed mutual consent divorce petition, it will be better that the issue of visitation right is also resolved between both of you by mutual consent and then you both may file amendment to the 13B petition. If your wife does not agree on the point of visitation, then you may file an application under s.-26 of the Hindu Marriage Act,1955 for the visitation right.
How to get the custody of my child
If the husband was clever and cunning enough to collect some proofs of his wife's extra marital affair...not very strong proofs but still, something to indicate to the court that possible that something existed...what are the chances of the mother getting the custody of the minor child...(this is the only allegation)
Answers (2)
The Court will see the age of child and will see whether child is a boy or girl.The Court may also consider if you are available to look after child and if you are working,who will take care of the child in your absence . The Court will also consider your financial capacity to take care of needs of the child.Normally the custody of girl child upto the age of 13-14 years is granted to mother and even in case of boy ,the Court may consider granting custody to mother considering the age of the child.You will have to file application for seeking custody and how far allegation made against you by your husband will be held against grant of custody of child to you ,will depend on the Court.
You can file a application for custody of child before family court under gaurdiansbip act.
The court will hear both the parties and decide the custody of the child for better upbringing with which parent
Can adoption can be cancelled once it is registered?
My father has an younger brother(my Chacha) who doesn't have children, in my house we are 2 brothers(i'm younger). I went to my chacha home as adaption at the age of 25yrs (adaption deed made as I went at 14 yrs). Coming to the point: My own father has 32 acres of property,the whole thing goes to my brother only. Where as chacha has 14 acers only ,it comes to me. But while giving me to adaption..they promised verbally that they will share the properties equally. Now I want to cancel the adaption,& want to go back to my own parents...& to fight against with my brother for equal share. My question: Is the adaption can be cancelled once it is registered?
Answers (1)
Section 15. of the HIndu Adoption and Maintenance Act says Valid adoption not to be cancelled. –
No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth.
Can I get my childs custody even if I'm being charged under adultery
I could be charged under adultery by my husband, but I would like to file divorce and file for childs custody Hindu law
Answers (1)
Dear queriest, as per your query you have mentioned about the fact that your husband may file adultery, but the legally I would like to state that women's are not charged adultery as per Indian Law. yes you can file for divorce if you want to since you must be guilty of your act and also the same may have some influence on your kids.
Who gets the child custody if a case if filed in the court?
Mera question hai k baby child custody ka haq kisko h maa ko ya baap ko
Answers (3)
7 saal tak mother. Uske bad who prove that his or her guardianship is much better will get the custody. It must be shown that one can take better care and can give better life to that child . Court may ask the opinion of the child , with whom he/she would like to stay.
Dear client generally custody of child remain with mother up to five years age naturally. After that if father apply for the custody then court see whether who is more capable to provide child better environment for child's growth. Other circumstances like financial aspect and character also consider by court while deciding custody. For any legal help call me
Adv prasad patil
Hello,
In child custody case paramount welfare of the child is considered first. In some cases if child is above 7 years at times even they are interviewed by the judges. If its infant then the custody of the child is with mother.
how can i get custody of my Child?
my wife has taken my child to Pune where she works. i am not able to trace her now. i want the custody of my child how can i get it. where should i file for custody in PUne or Chennai?
Answers (2)
Sir, you have not mentioned the age of your child, still you may file petition for restitution of conjugal rights and also an application u/s 91 of Cr.P.C. issuance of search warrantaagainst her and all these proceedings can be filed at Chennai.
Husband has filed child custody under muslim law children with me
Hi,can you please tell me the proceeding for muslim child custody in the Bangalore family court.What is the procedure to follow after one receives summons from the court on child custody?According to Indian Law whom does the child custody go to if the children reside from the mother from birth?
Answer
The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat and it can be enforced against the father or any other person. The mother's right of hizanat was solely recognized in the interest of the children and in no sense it is an absolute right''
'Son—''Among the Hanafis, it is an established rule that mother's right of hizanat over her son terminates on the latter's completing the age of 7 years. The Shias hold the view that the mother is entitled to the custody of her son till he is weaned. Among the Malikis the mother's right of hizanat over her son continues till the child has attained the age of puberty. The rule among the Shafiis and the Hanabalis remains the same.''
Daughter- Among the hanafis the mother is entitled to the custody of her daughters till the age of puberty and among the Malilikis, Shafiis and the Hanabalis the mother's right of custody over her daughters continues till they are married. Under the Ithna Ashari law the mother is entitled to the custody of her daughters till they attain the age of 7. For further clarity reagrding the Court proceedings in Bangalore, it is suggested that you avail the services of an Advocate.
The procedure of Child custody when the son is 12 years
Hello sir/ mam, My wife took away my son from school to her native, it's been one month and not allowing to talk to him (even on his bday). Will I get my son under child custody acts. FACTS. I am earning better salary than her. I own a house in blore and she doesn't. I have rental income I have my sister's children who are close to my son. And her brother is settled in USA. MY Son school is near my home. And she took him between his exams. I pay his schooling expenses. My son is attached to me as well but the worry is she, together with her parents w'd have brain washed him. I spend more time with him as my job timings is 9-5 and hers is 9.30 to 9.30 pm. My mother takes care of my sons other needs. My mother takes him to music classes. I and my wife drink on social gatherings and i smoke. Please advise. Thanks in advance. Regards Satis
Answers (1)
Hi...sir you can file a case for divorce and child custody . Before that you have a talk with her pertaining to her stand then also she is not ready to settle with you you can go for divorce.
Thank you
getting child custody of son who is 6 years old now
My wife has left me for 4yrs now for no reason but yes i know she wants to live with her parents as always. she has taken our son who is 6 yrs old now. i want to know what are the chances that i can get my son back Awating for your response
Answers (1)
you can file a case under Guardians and Wards Act, claiming custody of your son before the family court. and further you can also file a case against your wife for reinstating your marital life which also called as restitution of conjugal rights.
You have to file petition for custody before the family court of Pune. You can file before the family court of Chennai, but there is a strong possibility that the said petition will get transferred to Pune.
Do all the correspondence on her permanent address.
U/S 7-Compliance of Interim Custody Order / Guardians & Wards Act 1890
After cross ex. of Father& his Friend Trial Court passed the interim cust. order of the minor girl child aged 2y in favour of Father & directed the Nna-Nani to hand over the minor before 5.10.2015 & inform the court on hearing dt 15.10.2105. On 30.09.2015 Nna-Nani challenged this order in HC, here they don’t get stay but final hearing is still pending. What action Trial Court & Applicants lawyer can take if Respondent asks for compliance? (Because as per the system first of all Respondent has to submit the reply of 151 & same time he has to inform the Trial Court regarding non compliance.)
Answers (1)
As there is no stay you may apply to the court for execution of the order passed in your favour directing the opppsite party to hand over the custody to you. You may also file the requisite replies and par the HC that the appellan be directed to comply pending appeal.
How can I defend visitation rights by father
Respected sir/mam, I want to know how can be visitation denied to other parent. Being a mother of 1.5 yr old son. I don't want to provide with visitation to his father. His father is a big crook, liar, alcoholic, abusive and play politics & harm othersrelationship. I have proofs of his alcoholic and how he talks. He is a Casanova types and I have the only contact no of the prostitute to whom he has contacted and his friends audio recording of his relation with girls. please help out. I will be obliged if you will tell how to deny visitation.If I denies in court for visitation.Is it effective?
Answer
Denying visitation rights to husband is very difficult. Such harsh judgement is given by the courts only in extreme situations. You can convince the court that the husband is a bad influence to the child or is of a bad moral character or a habitual drinker etc. and after that its upto the court's discretion to deny the visitation rights or not.
Husband is torturing wife wants to file for divorce and child custody
My sisters is regularly mentally tortured by her husband and in laws for money .every time threatened for murder by her husband.my sister have a boy child of 4 year old .what can she do now for divorce and child custody.please help my sister.she is now with her husband in their home and her husband working in Jemco prvt company in jamshedpur,jharkhand . Please suggest my sister how can she get divorce and child custody. Thank you
Answers (2)
As per ur case u have to go to S.P OFFICE RELATING THE CASE. FILE A FIR IN LOCAL POLICE STATION WHERE UR SISTER IS PRESENTLY RESIDING. As per criminal law u can file case against ur sister husband and also claim custody of child
Hello,
Have gone through your query it seems your sister has been facing mental and physical abuse of great extent
Therefore I suggest your sister to file a complaint case in the CJM against mental cruelty and domestic violence at the same time ask her to file a divorce case in the family court stating the reason of mental cruelty and physical abuse (domestic violence)
The Child is generally handed over to mother till she doesnt marry another man and your sister can claim maintenance under section 125 of Crpc after divorce and she will be maintained by the certain salary percentage of the husband.
Trying to get custody of child by violating the high courts order
My wife filed for Habeas Corpus petition in High Court of Karnataka with intention of getting custody of the child over 5 years. The Honourable Court disposed of her petition and directed her to approach family court to apply for child custody and also the order is published online. Within 10 days of the order my wife forced her way into matrimonial house with help of police saying it is her matrimonial house whereas it is also residing place of the child. Does it not mean she has violated the court order and tried to get unsolicited custody of the child. After occupying the house she also approached Commissioner of Police and NGOs and lied about the proceedings. Later she filed petition under domestic violence act and did not mention about the order of High Court of Karnataka. I want to know what legal action and under which section can i file for appeal in the JMFC court, Navi Mumbai
Answers (1)
You will file appeal against which order? You should file for divorce and custody of the child. You cannot remove her out of the house unless you get divorce but you can get an injunction order from the court saying that your wife cannot take the child out of your house. Meanwhile,
Wife gave divorce on deed and confirmed the child custody also
Wife wanted speedy divorce so she prepare Divorce deed which is execWife uted on 100 stamp with witness and notarized. I am aware now that, being hindu, we need decree for divorce from court. However we both are educated and have two girls (4.7 and 3 year) in wedlock. In Divorce deed, she has given child custody to me and also accepted adultery as a reason on that. Cutting to the short, then she filed 498a on me and child kidnapping Complaint on me which was dismissed. Based on Divorce deed and threat email, high court provide free police protection to me and my girl from wife. She filed kidnapping case and search warrant at district and high court and Petition dismissed on admission. What is the validity of Divorce deed in the context of Custody as indian contract act 22 validate the deed too. Deed says in event of decree from court require, both party need to cooperate. One child is studying for 2 year. My advocate is confident on deed agreement. Need pro advices.
Answers (2)
Sir
As per Hindu marriage Act, Marriage can be annulled only by a Decree of Divorce. However, there is an exception, which provides that were the customs between community permits customary divorce, then such marriage can be annulled as per the customs, and no divorce decree is required. In Patel Community customary divorce is permissible. So validity of your divorce deed would depend upon your cast / community.
Should you need any assistance then feel free to contact.
Mutual consent divorce deed is not legal. You have to file a joint petition for mutual divorce in the court having jurisidiction, and after waiting for a period of six months the court shall grant a decree of divorce. Any deed executed before a Notary is not valid. However, you can use it as proof to establish your wife’s adultery in court and prevent her from getting custody
Is a promise not to cheat made on stamp paper be valid in court
I want my husband to write out all the cheating he has ever done and to write a promise that he will never repeat it and if he does then he will not have any claiming rights to our son. Is it possible to get it on a stamp paper? Will it hold good in the court of law? ( I am a Muslim)
Answers (1)
Madam,
It will not hold any value as you proposed to do. It may right that he had made fraud on you and also for a certain extent he had made promise that he will not repeat it in future.
But is cant be predicted now at this stage. Better your do one thing and do from the court or mediation center. I hope that agreement get more value, Apart from other, these are wont stand.
Procedure for implementation of order for custody of child by court
Dear Sir/Madam, I’m from a Christian background married a Malaysian Hindu girl and the marriage was solemnised in india and not registered in Malaysia.I have a 3 years old daughter who was born in India.My wife’s father has taken my daughter to Malaysia without my knowledge and consent.My daughter travelled in a tourist visa and it’s already expired and staying there without visa. I have filed a Habeas corpus petition and got the court order to bring back my daughter to india but till date they didn’t come.What’s the next step I must take? Please guide me and help me to bring back my child.Thanks in advance.
Answers (1)
You have taken prudent steps to bring your baby to India but unfortunate that have not obeyed the order of the hon'ble court hence it is very easy to bring her back to India by filing a contempt petition where you have to make embassy also as one of the party, who has to implement the order of the court that's all good bye
Procedure for implementation of order for custody of child by court
Dear Sir/Madam, I’m from a Christian background married a Malaysian Hindu girl and the marriage was solemnised in india and not registered in Malaysia.I have a 3 years old daughter who was born in India.My wife’s father has taken my daughter to Malaysia without my knowledge and consent.My daughter travelled in a tourist visa and it’s already expired and staying there without visa. I have filed a Habeas corpus petition and got the court order to bring back my daughter to india but till date they didn’t come.What’s the next step I must take? Please guide me and help me to bring back my child.Thanks in advance.
Answers (1)
You have taken prudent steps to bring your baby to India but unfortunate that have not obeyed the order of the hon'ble court hence it is very easy to bring her back to India by filing a contempt petition where you have to make embassy also as one of the party, who has to implement the order of the court that's all good bye
First of all if you get separated through a decree of divorce then you are required to pay maintenance to your wife.Secondly it's rather impossible for you to get custody of your 3years old son because upto 7years the legal guardian of your son is his mother.You may file for his custody and have to satisfy the Court that if the son's custody is given to his father then it would be for the son's betterment.
Law can't permitted to throw out your parents and demand of your wife is absolutely illegal on that grounds you can get Divorce from your wife and regarding child custody if your wife failed to provide better education /nutrition / medical to your children then you are legally entitled to get your child in your custody
It is quite sad that your child has to see all these along with you.
If you file for divorce first there are chances that ur wife might lodged Criminal case against you and your parents just take revenge.
In case you wish to file for Divorce, collect evidence against your wife by recording audio video where in she is fighting with you regarding your parents. If possible set up CCTV cameras on grounds of theft. Lodged FIR/GD in local police station if she threatens you to harm herself or threatening to lodged false complaint against your parents.
For your Son, court will see who can take best care of the child. You will have to pay maintenance for both your wife and son if she is not earning and not educated.
consultant a lawyer and plan it and do it. Or she will move away with the child and you will have to file for custody.
Child Guardianship through court once divorce is granted
The situation is that divorce is about to be finalised as exparte divorce as the other party did not show up in the court despite receiving notices. We now want to apply custody /guardianship - the child has been living with the mother for the last 5 years and is 13 years old. My question is ; How long would the case go on for? and can we apply in district court after divorce is final? If any lawyer can help fast track the process then happy to chat.
Answers (1)
First off all you need to understand that divorce case and custody are two different cases. but both the cases are interlinked. as per my understanding goes, you are almost on the verge on an exparte divorce decree. from what i understand the getting of a decree exparte means that your wife is not rebutting your claim made against her. this can be used a weapon in custody case.
can my husband have the custody of my child?
I have six month baby. My husband want divorce from me. I want my baby. If I m demanding any amount from my husband. He will take my baby after 7 years. Is it possible. I want the details about it from u.
Answer
It is improbable that any Court would grant custody of a 7 year old child to the father. Custody orders are made dependent on various factors such as the age and sex of the child. The most important consideration is who can promote the welfare of the child by giving it time, proper care and attention.
Does the woman always get child custody?
I'm thinking about filing for a divorce, but I am worried about custody. What are the different factors a judge will weigh when thinking about custody.
Answer
The welfare of the Child is the primary criteria for deciding the custody of the Child. Along with that age of the child plays a major role in deciding the custody.
Generally, the courts give custody of young children to the mother on the ground that, children of tender years cannot manage without maternal affection. The earning capacity of the parent does not really determine the custody, but the capacity to provide safe and secure enviorment does.
Wife is a christian want separation converting child into a christian
I married to Christian lady In 2003nd blesing was done by church in 2011.i have 2yr 9month boy child leaving now with my wife at her Aunty home.I left her there out of my anger and now she not ready to come back.we wel living in our own home separate from my parents.now she says not loving me more and need separation out of court and I should not claim for my so .she want to convert him to Christian and all of this happens cos of her mothers interference who live in rented house near our home and wife was use to stay during our marriage life for whole day since 3yrs.guide me to get my son
Answers (1)
If you dont want to take divorce from your wife, then file a petition u/s 9 f9r restitution of conjugal rights. This will help you in saving your married life and custody of your child. This petition should be filed by you at the earliest without wastage of time under cinsultation with a lawyer. This will make a safe guard for you from harassment from your wife .
Can you file for Child Custody without Divorce
me and my wife are living separately since the past 2 years and I have a 4 year son who lives with her mother in Kolkata. Section 9 RCR pass in my favour. can I file child custody with out divorce.
Answers (4)
Look. As per Law, till 5 years age of a Child, mother custody is the best custody. Therefore, it is quite negative for your side to file custody for your son at this present stage. Please after attaining 5-6 years you can proceed for it. and it will be better.
Custody and divorce are two different things. You can always fight for your custodial rights without going for divorce. But i will suggest till the time your son attains the age of 5, hold on. After that file your custody case. For that you need get the details of the whereabouts of the mother. Filing these type of cases need time. You need to accumulate the evidences and then proceed. For that we need to sit and strategize. I have an office near High Court and a chamber at Prince Anwar Shah. My name is Debangshu Dinda, i guess you can find my contact details in the site itself or you can always get in touch through linkedin by typing my name. Feel free to give me a call and we will strive to give you the best of relief.
Normally a minor child of below 7yrs. is kept with her mother's custody. In some exceptional cases father can apply for custody of such child before Ld. District Judge. Well being of the child is major factor for that decision of court.
You can file the same but it should be mind it, the Ld. Court may allow your submission if you success to prove some essential requirement, like for better education, care, caution, status, your Income etc. If U have the same, I can do this as a Lawyer.
Want to seek custody of my daughter given in adoption
In the year2014 my in-laws refused to accept my daughter so my dad had given her to sum couple in Chennai,now when I am capable of keeping her , that couple refused to return her.plz help me .... Is there any law that can get me my daughter back....Nd yes I have not given her on any written agreement or anything..Still I m not able to do anything bcoz of my in-laws....M Hindu girl
Answers (1)
As per ur case u have right get back the urs dauggter from couple in chennai .As ur father gave ur child to them due to irresponsibilty and ignorance shown by urs in laws .As adoption is applied for those child whose natural parent are not alive but as u being natural parent u have right and adoption by them us invalid U may file case in court for legal right over ur child .
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Can I take my sister in law's daughter's custody from her husband?
My sister in law expired in 2014 and I want custody of her daughter from his father. Can I get the custody
Answers (3)
Sorry sir ap custody le nhi skte... lekin yadi ap daughter ki custody lena chahte he to uske father ke against evidence collect kre ki he is not a good father and gives ill treatment to his daughter... Phir uske against complete file laga denge
no, not possible. as he is her natural guardian.
Yes you can file the case against them for child custody and prove that child,s father not capable to give good life of the child . That is the only way to get child custody from his father or any other.
Validity of foreign judgement passed in UK
I'm an India national currently reside in the UK. My wife and 6-year old daughter lives along with me in the UK too. Our permanent home is in Noida. I have currently filed a divorce petition in the UK (yet to be served). My question is related to the child custody. If my wife decide to leave UK after the petition has been served. Can she seek legal help in the India to forcibly repatriate my daughter from the UK? To note, my wife is currently unemployed and has mental illness is being treated in the UK currently. Religion: Hindu
Answers (3)
If your marriage was solemnised in India then the foreign divorce decree will be given finality here. She will have rights to institute the case in India for child custody and age and nationality of the child may be taken into consideration amongst other factors when deciding the matter
Sir there is some loop hole as when the wife is suffering from mental illness then how could you file the petition for divorce and how did the senet in UK accept the petition . As only Indian court accept this type of petition . And on other hand why would she come to India with out the kud and how will she get the visa for same
As you have filed divorce on ground of mental illness . Am I right or wrong .
You should take up the custody issue in UK too. If she come back here there is nothing you can do to stop her from filing a case against you with respect to any aspect of matrimony whether divorce or custody. However you can take certain preemptive steps to strengthen your custody issue for which we will need to discuss in detail. Feel free to contact me for a detailed consultation via telecom or email.
Unmarried mother wants hindu child custody of 10 month baby girl.
We r hindu. I m unwedded mother. Baby is 10 month girl. Her genetic father don't want baby. I put in birth certificate of the baby both parentsts name. Father want to remove his name from it. I want now new birth certificate as a single parent. Mother name should be mine, where as a father name should be blank. How to make it?
Answers (1)
hello...... now read ur question if u want become mother of that girl that u made 'Adoption DID' and take her in adoption if the father agree for that then thus option will good..... as per the adoption did u can appear to municipal corporation office and adds ur name in his birth certificate....... any questions call me...
Wife ready to give mutual divorce but not giving child custody
is father of a child no less than a beggar in indian law, my wife is a child specialist, she has not been staying with me since more than 2 years. I cant keep my child at night with me. my child is 2.7 years old. He is very comfortable with me. But i am threatened about police complaint etc. She is willing to take a mutual divorce, but obviously she is not willing to give me custody of the child. Hence my Question is : ISNT a father nothing less than a beggar in indian law. we just have to give into a girls demands. i am hindu by religion.
Answers (2)
Dear client, I can understand your feelings, but this is the time to remain very calm and quiet, just think how these why these issues started,when both of you have a sweet child and both of you are loving him,then there are till yet 20 percent chances you both will come together once again.As per humanity and child psychology point of view when children are dependent on mother their possession is given to mother but that's not the rule.in your case as mother being a doctor and in busy schedule you can claim for possession as you can give him good time and best servings.As you both are in the stage of divorce, if you remarry can next wife love him,Police have no any right to take action against you, as section 498A is quite restricted for police. If you require any help do not hesitate to contact.
DEAR SIR,This is a secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, though in certain matters, the court will give consideration to the personal law of the parties. The provisions of the HMGA (and other personal laws) and the GWA are complementary and not in derogation to each other, and the courts are obliged to read them together in a harmonious way. In determining the question of custody and guardianship, the paramount consideration is the welfare of the minor. The word `welfare' has to be taken in its widest sense, and must include the child's, moral as well as physical well-being, and also have regard to the ties of affection.''
The English and Indian decisions are replete with such statements that : (i) the children of tender years should be committed to the custody of the mother, (ii) older boys should be in the custody of the father, and (iii) older girls in the custody of the mother. But these are judicial statements of general nature and there is no hard. and fast rule. As to the children of tender years it is now a firmly established practice that mother. should have their custody since father cannot provide that maternal affection which are essential for their proper growth. It is also now ac for proper psychological development of children of tender years ma is indispensable.'
The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. Under other personal laws, though it is no such statutory provision, the Indian courts have consistently taken view
Under hindu minority and guradianship law says that
Can child custody be filled if maintenance case is going on
Hi, I have filed a 498a on my husband in sep 2016 in rajahmundry. I have filed a maintenance case on Nov 2017. I have a 5 year old daughter who is currently in ukg, she will be going to first standard. Her father is irresponsible from the beginning, he never took care of her. From last two years, he didn't even speak or tried to contact the kid. He didn't even file for child custody or divorce. I am taking care of her completely even with respect to her finances are without compromising on standards. I am currently not working and we are staying with parents in rajahmundry. My kid is studying here in rajahmundry itself. Now, in aadhar of my kid, she inherits my surname whereas in birth certificate she has her father's surname. Can my child inherit my surname without any legal process? Can I file for complete child custody with maintenance case going on in parallel.
Answers (1)
Hi,
Yes you can file a case for custody of child it can go parallel with the cases you have filed as of now. Surname is something which can be as per father in most of the cases but as you have kept the same in aadhar it will be not much impact on it.
Wife took my child without my permission what action can I take
My wife left me with and took my children with her. We were a joint fAmily then. She filled a complaint with women cell in nagpur against me ans my mother.we were called by them. We went and the complaint was taken back. But now she is not coming back and blackmailing me. I have also agreed with her demand of living separately in a rented flat. Marriage on 13.6.2009 1 child 15.3.10 2 child 16.11.11. Her parents dont have a son and their eyes are on my children.
Answers (1)
Dear client,
looking to ur query since no case is initiated in court by any of you, I think the issue can be solved amicably with the help of couple counsiler.
if u dont want to exaust counsilling optain then there r other legal remedies too like claiming custody of children through court or claiming restitution of conjugal rights.
Ex wife has taken the custody of our daughter without my consent
I am a Hindu.my ex wife has taken the custody of our daughter without my consent or from the court. Now she spends extravagantly ( without my knowledge and consent) claiming the money is being spent for our daughter. She also is now claiming that I should pay for all the expenses she is making. Am I liable to pay for the same?
Answers (3)
You can file application for child custody for proper education and nutrition other wise you are liable to pay if with out contest you have accepted the custody of you child before the wife you are legally bound to pay
Under Hindu Minority & Guardianship Act, 1956..
Section 6. Natural guardians of a Hindu minor.-
The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are –
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
but go through ROXANN SHARMA judgment of Supreme court (Arising out of SLP © No. 31615 of 2014).
You can pay the school fee directly in school. If she has filed cases against you under 125 Crpc.
you have given very less details so as I can inform you.
First of all you have disclose about the age of your minor daughter and whether legally divorce in between you and your ex-wife has completed or not. And if your daughter's age exceeds to 5 years then you have the legal right to take your daughter to custody of yourself according to Guardianship Act. (your wife can claim for maintenance if she is unable to maintain herself. )Thank You.
if husband cheated by wife may I know about the child custody
if husband is ditch by wife may I know about the child custody belongs is child custody with mom or dad in case of male child
Answers (1)
Hi
Custody is a matter of contesting where welfare of the child is considered irrespective of other factors.
For immoral conduct of wife one can file divorce petition before the family court.
Contact for detailed advice
Can a mother get permanent custody of boy child aged 10 yrs?
Mutual divorced now mother asking custody. Filled a petition under civil M A. Please give advice.
Answers (1)
In this it complete depends on the circumstances if the mother proves that father is not able to take care of the child and not able to provide with amenities which a mother can then court may pass a order in her favour.
Procedure to get the custody of the children from Husband
My husband need divorce but i need my kids (7 yeats both) then i will give divorce. If i am not give divorce how can i get my 50% rights. I have applied some cases like dv act, FIR , 125 but only i am getting amount 5000/_ p.m. What should i do ?
Answers (3)
if the maintenance petition has already been decided and you are receiving the amount then there is nothing that can be done but just one that you move another application for enhancing the maintenance amount. Now coming to your child custody....you stand a bright chance for getting the custody of your children but to give certain answer and opinion detailed study of your case is required.
50% rights that you are talking about is it the rights in the property of husband...if yes then there are no 50% rights but there other ways in law to claim all expenses incurred by you and your family currently and in the past.
Dear querist,
at the very outset i wish to say is once you have your cases pending you must be having your advocate kindly take his assistance.
you can file a petition for custody of your kids in the court. you can also file a petition under HAMA act for more maintenance.
You will get the custody of your children through proper court proceedings. Please show me you files so that I can guide you in a proper manner to win the cases. You can take my number from Lawrato to fix an appointment.
How can a father gets custody of his child
My brother and his wife live separate from 10 months and he is unable to meet his 3 year old son as his wife stopped him to meet his son. Under which section we get court orders to meet him and how to claim for custody as his wife is doing job .
Answers (1)
Dear Client,
As per your query, the law is bit inclined in favour of the mother in case where the custody of the child is in question uptill the child attains the age of 5 years. But the thing on which you can have the legal stand is on seeking permission for the visiting rights and if the wife is doing a job this stands no ground for claiming custody of the child unless you can show some credible evidence to support the contention that your wife is negligible towards the welfare of the child.
Regards,
Procedure to get child custody
Mother expired on 21 March 17 of the child named Rugved aged 13 months the custody required by his father. Religion Hindu
Answers (3)
Dear client as father u r natural guardian for child. File custody petition in court under Hindu minority and guardian ship act to get custody of child. For any legal help call me
Hi you have to make application to court for custody of your child. You have appoint a advocate and provide him all documents as father son relationships with mothers details. The court will hear you and if no objection come from anyone than court will order in your favor
Dear client, as per Hindu succession act 1956 father is the 1st guardian of the child, even mother become 1st guardian after the death of father
hence the custody of that child anyhow goes to his father, if he wishes to keep with child's grandparents for few years or up to his second marriage but by his will only.dear client don't worry the memories of marriage will be with you, if you satisfy the query please rate me,thanks
How to claim for child custody if present address of wife is unknown
Mcd over in Oct 16. Till date wife has not filed for maintainance for daughter of 5 yrs. Present address and company name of her unknown. How to proceed for filing custody case of daughter? Wife staying with married person for past 3 yrs somewhere in pune. I m in belgaum. What to do?
Answers (1)
If you are not aware of your wife's address, you can't file a suit seeking for custody of child. If you know the school address or baby care center of the child, you can contact them and request them to give the address of your child residence n can proceed further
wife seeking custody of child after 4 years divorce
my divorce by mutual consent came through in nov 2011..cos' of lack of career and parental support and logistics constraints had to give the custody of my 7 year old son to my ex husband..wanted to know if i have the right to claim custody of my son after i have sorted things out and have made a career and can also match up to the material comforts that my ex husband can provide him now and in case he gets remarried then is it that i get the custodial right of my son automatically ? please help.
Answer
You can file a child custody case against your husband before the district court where the child is residing under section 25 of GWA read with section 12 of GWA for interim relief for visitation right.
But ultimately it is the child in whose favor the court will decide. So if your child decides to stay with his father, then it will be in your ex husbands favor.
And if your ex husband has remarried then child custody can not came to you automatically.
Who will get the child custody after divorce
we(husband, wife) both live together, if we proceed for divorce. who can get the child custody. if both want the child to be with them.
Answers (3)
Hello client .I have read the query u have sent in this matter .if u apply for divorce the the probability of child custody goes to mother in most of the time. As mother is seems to be more responsible as compare to father in eyes of court .
If consensus is not arrived between both of you regarding custody of the child ,a separate case under Guardianship Act will have to be filed by the party who seeks custody of the child.Depending on the age of the child ,whether the child is boy or girl and if the child has reached the age of discretion and is about 13-14 years of age ,then depending on his/her preference to stay with father or mother and considering other facts ,the Court will decide about the custody of the child .The custody of child of about 5 years of age is given to mother and in case of girl child of upto 11-12 years of age also the custody of child is given normally to mother .But each and every case is decided on its own facts and then necessary order for grant of custody is passed ,which of course is subject to challenge in the Higher Courts .
Till 9 years of age the kid will live with mother mandatory . The father will get the visitation right for the kid . Then after 9 years if father wants the kid then the court will ask the kid as with who the kid wants to live . But I don't get that why cant you live together in same house just be friends not spouse for the sake of the kid . By ignoring each other as spouse .
Who gets the child custody
who will get the custody of the girl child and upto what years
Answers (2)
The mother of the girl child is always prepared person than the father to the custody of the girl child. The court would always take in to consider the future of the girl child. until to become major, the girl always be in the custody of the mother. In case in the court proceedings if the husband proved the bigami or immoral habits of the wife then the court may consider to grand the child custody to the father.
Mother will get the custody of the girl child if she is capable of maintaining her. Father has the Visiation right. If the incapability of mother to maintain the child is proven then Father can acquire the custody of the girl child. But primarily mother holds the right.
How to get custody of child
How do I get my baby girl back
Answers (3)
If you do not state that, how the baby girl go from you and who take your baby girl in details then how we can say you "how do you get your baby girl back".
I requested the Manager of Law Rato to send the question to us if the question stated details story which is understandable for us. Otherwise, how we could answer such questions which is only a hint.
If you are Hindu You have to file a petition under Hindu Guradian and Wards Act seeking custody of your child before the District judge of your district. After hearing if court satisfief court may give you custody of your child. For further help contact me through email
If you are her biological father/mother you can file a case for her legal custody . As well as some other legal questions also there for legal custody for your female child.
And also it is required for what ground your divorce is granted.
how can i stop my parents from adopting my child against my wishes
I am divorced and my parents want to adopt my child and then get me married to someone. I am ok with a 2nd marriage but do not want them to adopt my child. How can i stop them?
Answer
Your parents cannot adopt the child legally, unless you want them to adopt.
During the lifetime, the child will be in your custody and they cannot force you to give the child.
File a complaint against them as the motives of your parents are against your wishes.
Answers (3)
The law may not permit such adoption during your lifetime. In any event your consent is essential without which no adoption can be effected
Can a court hearing get fixed before the party receives court notice?
Can a court hearing get fixed before the party receives court notice?
Answer
When a suit is initiated by a petitioner, the court issues notice to the opposite party to appear before the court on a particular date. If a party fails to appear before the court on that particular date, then he has to give a reason for such failure.
Who will get custody of a 6 yr old daughter after divorce?
I m a permanent Central Govt teacher. My husband is an Army officer from whom I wish to get divorced. We hv a 6 yr old daughter. I want her custody. Will it b given to me if I get divorced?
Answers (2)
Hello Madam,
If u want coustody of ur daughter from ur husband then us file a case of guardian wards act in family court. If ur husband file his written statement in that case and say that he full fill all economic or educational wishes of her daughter than u reply that the custody of 6 years girl child is better with mother inspite of father.
There can not be a straight forward answer to this query. Custody of a child is granted by the court considering many aspects and situations. But since it is a girl child and you are a teacher and your husband is in army so you can have a fair chance of getting custody. Moreover the wish of the girl child will be of paramount importance. You can discuss full case with full details to get complete picture of your problem
How can file for custody of my child and change name of child
Hi sir m unmarried stayed with one boy in live-in relation for last 6 years and had a baby girl who is just 3 months old .now he ran away not ready to take responsibility even had done lots of loan on my name . M working n paying it taking baby to job. I need a mutual separation from him don't want his money . Just want to change baby name and Custody. As he is not ready to pick my calls . M nt interested to do case on him as I dn5 have money .. so please let me kW 5he best way to seperate with him and remove his name from my baby..
Answers (2)
No need to file custody petition as the child custody is with you only. You can change name from Gazzete and also claim for maintenance petition for child and you also. You can claim for compensation under domestic violence act.
Dear client, as you have not made marriage with him officially, hense he has not any right over this girl.but the girl have a right on his hereditary property if he have. Now days unmarried woman give her name to the child.But while doing so take your future into consideration. If like Pl. Rate me. Also require any help do not hesitate for contact.
How to make grandparents legal guardians on my child post our death
Me and my husband are living separately from in laws. We both are working and my daughter in of 1 year. Now If anything happens to me or my husband then I want my daughter to be with my parents. How can I do that. And how must its going to cost.
Answers (3)
as per the provision of section 9 of The Hindu Minority and Guardianship Act, 1956, Hindu Father entitled to appoint a guardian by will but Hindu mother have no right to appoint a guardian before the death of her husband. if you want any further assistance then you can contact me.
How can i claim custody of my child
Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy as i was working in Banglore we stayed near to In laws house. i was frustrated with there emotional blackmail i left job and moved to Kochi. Now my baby is 11 months there parents and wife are rude only with me and my parents as they are expecting me to be near to them and cut my parents relationship and my wife is giving career as lame reason to stay in Banglore, its been six months i have not seen my baby bec of there nasty behavior whenever me and my parents go home. I want custody of my child. Pls suggest how to proceed legally.
Answers (2)
Dear Sir,
You shall have to file a petition before the jurisdictional family court under Section 12 of Guardian and wards act and further you shall have to prove to the court that your income, your charecter and the child would be safe and happy when it is with you. If the Court is satisfied it shall order for the interim custody.
How can i claim custody of my child
Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy as i was working in Banglore we stayed near to In laws house. i was frustrated with there emotional blackmail i left job and moved to Kochi. Now my baby is 11 months there parents and wife are rude only with me and my parents as they are expecting me to be near to them and cut my parents relationship and my wife is giving career as lame reason to stay in Banglore, its been six months i have not seen my baby bec of there nasty behavior whenever me and my parents go home. I want custody of my child. Pls suggest how to proceed legally.
Answers (2)
Dear Sir,
You shall have to file a petition before the jurisdictional family court under Section 12 of Guardian and wards act and further you shall have to prove to the court that your income, your charecter and the child would be safe and happy when it is with you. If the Court is satisfied it shall order for the interim custody.
Hi...As the baby is very small the question of giving custody of child to you does not arise.If you want to see the child u can file a application before the family court and you can seek visitation right.
Thank you
The person who has the custody bar the other person toparental right
I am a single father since birth of my child. I was divorced 15 years ago. My ex wife had deserted our newly born child when he was just of 15 days .under section 13 B we had got divorce. She had taken a huge amount as allumony at that time and relinquished her mother right in favour of me.I had got permanent custody of child.Now 15 years paased. My Ex had got remarried but I am still single father. No contact she tried to do in 15 years. Now she is trying to contact my son via whatsapp, fb and voice calls. What I should do??? Wt legal options I hv now.?
Answers (3)
You have given information regarding you past 15 years divorce but the important thing which has been left by you is what is the age of your son? Well I will try to give answer, if your son is adult @ 18 years and of sound mind then you cannot stop him to communicate with your ex wife again you cannot prosecute your wife until and unless there is some illegality on the part of your wife but the important point is that whether your son is under 18 years or sound mind only then you can take a legal action against your wife.
Sir, if you are having evidence of your wife contacting your son on social media and your son is not interested to talk to her, then your first step should be, to send her a legal notice through your lawyer , therein giving her warning. In case she does not stop her activities, then you can take proper legal action against her through court of law.
Dear client under your case there is not something to bother.
After 15 years of seperation and as a singleparent you gave so much of love and affection to your child so dnt bother about tge messages and calls
Hold on your emotions and be patient.
The relation between you and your son cannot be destroyed by messages or emotions .
Can father get the child custody of one year old child?
I have a son and i want the custody for the same he is 1 Year and 9 months what are the chances of wining the child custody case and also my child is in mumbai and I am located in pune If I file the case where will be the jurisdiction for the case pune or mumbai?
Answers (3)
You have disclosed whether you are mother or father of the said child. Stoll let me tell u that till the age of 7 years only mother will be having custody there after only you may fight it out for custody on the ground of betterment of child .
Hello,
Since the child is of tender age you shall get visitation access. In child custody cases paramount welfare of the child is considered. Since child is residing in mumbai the jurisdiction is mumbai not pune.
Thank you
Dear client generally custody of child remain with mother up to five years age naturally. If u r father and ask custody then there r no chances of wining. But u can file for visitation rights by filing petition in Mumbai. Court will grant u visitation rights once or twice in month. For any legal help call me
Want custody of my 11 yr old son divorce filed by wife 5 months ago
Presently with mom for 1yrs4mth divorce filed by wife 5 mths ago. I want custody of of my 11yr old son. What to do?
Answers (1)
Dear Sir,
Please note that you can always apply for the custody of the son . Since the age of the son is 11 years , there are chances of you convincing the court for the same . Separate petition has to be filed for custody of child and divorce petition has nothing to do with it. Or both parties jointly may decide for custody of child.
Husband & in law's visitation rights causing harassment to the child
I got khula in march 2017 from islamic court. I have a 1.5 years old son who is under my custody until 7 years age. The islamic court granted the father and his 2 relatives visitation rights. Since then his father has come with his mom nd sister to visit 3 times till now. My son always cries incessently when they take him. My uncle takes him from me and gives them in the hall. When he cries my uncle brings him back to me. Then again they keep asking him and again he cries. This keeps going on for 4 times per visit. The thing is even when he is crying these people take pictures of him with flash harassing him. And the father never shows enthusiasm to meet my son. He doesnt pick the child first. Neither of them call my son by any name. They call tch tch and make sounds from their mouth like calling animal. Another thing is they always want us to agree to their date and time of meeting which is disturbing me and family. Please advice how can i stop his visitation rights.
Answers (2)
The act committed by your inlaws is likewise of domestic violence and it directly affect to the minor child and to you so definitely you have to take an action against them as well as we can prohibit them to do so
Unfortunately for you, even if the custody of the child is with you, access has to be provided. So per se there is no step which you can take to stop visitation. However, what you can do is start recording these visitation sessions, maintain a diary if required of the number of visitations etc. This will help you in the long run when your son refuses to go to his father for access and you can show to the Court that you have no hand to play in your son's refusal. However record the access secretly. Hope this helps.
Can a non resident Indian file for custody of his child?
Can an Indian who is no longer a resident and has lost his residentship status . Can he file a case in a country against his Wife for child custody?
Answers (1)
Yes, He can file.
Custody is being decided by Court on the basis of spouse capability to raise child with good upbringing,not on basis of citizenship.
Spouse has to show to Court that he or she is economically sound, mentally fit. Time to time spouse will have to report to Court regarding well being of the Child as well as if necessary will have to give access to other party as per Court conditions.
egal procedure for divorce & custody of child
dear sir my wife is syko path and lazy goose she cant take any responasblity and not letting see my one month old new born baby and demands to defferent accommodation and try to qurail and manipulate all times and thertens my falls dowry case. not reciving call from past one month before she got govt job she absloutly fine when she got job the things alll changed and she try to controle my all actatives like money caring for yelder in families i dont know what to do my in laws also not leving to see her what to do plz suggest me i cant handle this wife boz of my parents r getting old 1 how can i take coustady of my baby 2 should i leve her r claim my rights baby custdoy and devrous 3 is there eny chance get baby erlier coustady 4 how to prove she is unfit mother in india
Answers (2)
Hello Sir,
I just went through the details of your problem. your wife's condition seems to be more psychological due to the fact that she has just delivered a baby.
Nevertheless, to answer your points mentioned above-
1) Firstly you cannot get custody of a newly born infant. you wife seems to hold a Govt job and is financially secure so there is no reason for you to take the child from her. Regarding her psychological condition it has to be proved before court, only if the court finds her incapable of taking care, you can ask for child custody. you have mentioned that she has just got a govt job, then how could you call her a psychopath?
2) Now is the right time for you to be with her, that is, after the delivery of your new born baby. Its not right for you to leave her and ask for Divorce since I don't see any reasonable grounds for Divorce- like cruelty and desertion.
3) As mentioned above you will not be able to get the custody of the infant child. The child is new born as per you, she must be weaning it, so no court will give custody of this infant to the father.
4) Proving motherhood and how fit a woman is for the job is a herculean task. Don't bother to try it right now, as you will not succeed.
Regards
Advocate
You can file a case in the jurisdictional family court through your Advocate under Gaurdian and Wards Act for custody of the child.You have to fight well and also you have to proof that you are a better guardian than
Abusive in-laws can i take sole custody of my child
It's been 2 n half year since my marriage.After my girl was born,my in laws n my husband started treating me differently.i am in a better position than my husband.i have taken loans for him and he never supported me financially and even in my daughters expenses.now I am living with my mother but he always gives me dhamki's about taking away my child.he is into gambling and drinks lot.Can I get sole custody with only visitanional rights in my presence for him.my daughter is 22 months old..
Answers (1)
yes, you can get sole custody with only visitanional rights in my presence for him.my daughter is 22 months old. As per Gaurdian act of India, minor child under age of 5 years live with mother but if show some concurrent proof then court will grant custody of your minor child
How to ensure custody of child after mediation agreement
In mediation if my husband agree to give child custody and made agreement for mutual divorce.should i worry that he will file child custody again in high court once the agreement is made.
Answers (1)
It is binding upon him. It is as good as decree provided it is accepted by the concerned Family Court. First get it referred to family court and get a mutual divorce. You will come within the purview of safer zone. More legal suggestions in person.
How to apply for divorce and child custody
My name is Sonam. I belong to a punjabi family and I got married to a Marwari brahma boy, name Abhijit Paliwal, one year 3 months back. We two have a daughter (5months old) as well. It's ONLY after getting married i learnt that he has nothing, nothing means not even a bed no home no t.v., etc. Since then there are problems in our marriage and now we ve been living separately. I am living at my parents place with my daughter and he along with his mother is living at his sister's place, who is also married. The issue is my father has given a flat and all the necessary things to me but in my name and my in laws torture me to ask my father to give that flat papers to them and demands of gold etc. When I disagreed, they started being violent with me from that day onwards we are living separately but yesterday my husband and took away my daughter with him (who's still on mother's feed). Now they are saying if you will not give us that flat we will continue this nature in future also. Plz hel
Answers (3)
You should file a complaint in CAW cell against your husband and your in laws.... with that you file an application for maintainence and custody of your child...... alongwith that you should file a divorce petition..... and lastly you should make a complaint to the police for cruelity and torture and physical assault and mental pain and agony so as to lodge a FIR under relevant sections of the indian penal code against your husband and in laws and ofcourse do all this under proper guidance and consultation
You need to consult immediately. As per Indian Law on custody a child who is still as small as your daughter has to be with mother. You can also move an FIR against this action or register a case with the Women Cell. For a proper advice you would be required to meet and take consultation with details of the facts and situation.
You should immediately file a complaint with the CAW cell regarding the incidents of dowry demands and cruelty. Simultaneously you should file a petition under domestic violence act seeking residence order and monetary relief for yourself and your child.
Child born in US and living in India want to get the custody
My child was born in US. We had differences in marriage and came back to india in 2008. Since then my son who is 9 years is living with me. Can i get a child sole custody order from indian court.
Answers (1)
Sir/ Madam, Please clarify the following to render appropriate legal opinion:
1. When did your marriage performed and in which Country.
2. Which religion does both of your profess.
3. Are you a mother or father of your child.
4. What is age of your child and gender.
5. Are you living separately on your own or any divorce has been granted..
How can I get Meeting Rights with my Child?
Hello, my wife wants to stay away from me because she wants to stay with her parents from the first day .Before marriage she insisted me to shift to other rented accommodation leaving my Older parents and we shifted, but after marriage she and my in laws started harassing me to join her family or have the dire consequences(Like dowry cases) and after my child was born she left me and started living with her parents and along with my son. I tried a lot however she is not coming and with the assist of her mother and brother they had implemented me in wrong case of 354 /509(Bail Granted), So can i use the RCR for it or how can i get the meeting rights with My Son. Please Advice
Answers (3)
if you are hindu then you file a civil suit under The Hindu Minority And Guardianship act, 1956, and request for your child custody in the mean time you request for visiting right of child, if you have further query then you contact me.
You can file RCR to get your wife back and for the meeting rights, you file a petition for custody and visitation rights of your son. Even if your wife is not interested to come back, you will definitely get visitation / custody of your child.
See you are the father of your child therefore you are having the right to visit your child and you can also file the case for the custody of your child in family court .. rest you can contact me on mail or number for further information.
Where should i file a case for child custody
I am married for 10 years and i have 2daughters (9yr + 3.5yr). My last residing place with my Kids and husband was Bangalore. I got married at east Delhi Shahdara. i left my husbands house at Bangalore in Nov 2016 and came to my parents place. currently i took transfer of my job at Gurgaon. now i want to file a case of child custody. Please guide me can i file case from Delhi for child custody.
Answers (3)
Yes you can file from delhi as well. No problem with the procedure.
But you must carry a valid id proof of delhi. Or in case any rent agreement depictinf yoir address of Delhi. Otherwise you can file from gurgaon.
Yes you can also file a case for your child custody from your residing place which you think better for you.if you are really interested so before filling it you will have to discuss or other cases pending or not.
Yes you can file a case for child custody being a natural guardian and mother of your children.
We have provisions in law for the same.
Feel free to have a word with me for more details and legal information.
All the best
Will court grand custody of child to wife if adultery is proven
Wife has committed adultery. The evidence is in form of Photos and Videos. Daughter was sent with me. wife filed for Divorce, I was served the notice and I have filed my reply. Along with she filed IA for child custody and Maintenance. Have replied to the petitions, submitting the proofs of adultery(photos and Videos) 1. IA for visitation was allowed and she got visitation rights on 1st and 4th Sat each month. She has file further(11) IA for custody during various holidays. which I have honored. 2. IA for maintenance was Dismissed in April 2018, reasons 1., adultery, 2. The child is with Father, 3. She is earning. she has not appealed the order. 3. Last week she has filed a fresh case under GAW act for custody. My Questions are: 1. How long will it take for the Court to grant the divorce, now that the IA 3 has been dismissed with a note of adultery? 2. Would she be getting the custody even when she has been adulterous?
Answers (1)
Hi...some time court may give custody of the child to mother if child is very young. If you show to the court that you can look after the child very nicely than your wife than court may not give custody to her and pertaining to maintainence if it is rejected she can challenge it.
Thank you
Legal advice for step child adoption in india for NRI
I m divorce and having daughter of 10 years.Total child custody is with me also mentioned that her biological father is not involved todays child in anything like marraige ,study,medicine.Nor can claim any property.All child record like school, adhar card,passport is on my name..No where father name is mentioned.Now i m deciding for remarraige who is Nri.My question is 1.How long this adoption process takes place. 2.Is there any time frame between marraige and adoption petition. 3. He is nri so can't attain all hearings in court.will it be possible.. Thanks for your reply in advance.
Answers (1)
He can give his power of attorney to anybody who can attain the court case or he may come at the time of filling petition in court and he may record his evidence via video conference. It may take 6 to 8 months for the case.
chances of getting child custody of 8 year old son
my son is 8 years old and me and my wife are about to file for divorce. my son is in an affluent school in Pune and his studies are suffering as my wife takes him out regularly. I come from a good financial background and can afford my child's wellbeing and future. He also wants to stay with me if we get separated. If I file for custody, what are the chances that i will get it in my favor?
Answer
We have gone through your query. We can very well try and seek custody of son through court by filing petition for custody. As your wife is not handling son with due care regarding his schooling, this can be a ground for custody along with other grounds which are issues of divorce too.
Even in divorce petition we can ask visiting and custody interim rights. Custody matters are delicate onces and orders can be varied from time to time if custody petitions are filed by either of spouse.
Answers (1)
Hello Sir,
I have gone through Your query. We can very well try and seek custody of son through court by filing petition for custody. It is seen wife is not handling son with due care regarding his schooling this can be ground for custody along with other grounds which are issues of divorce too. Even in divorce petition we can ask visiting n custody interim rights. Custody matters are delicate onces n orders can be varied from time to time if custody petitions are filed by either of spouse. We can the best to get custody after brief discussion with you Sir.
Regards
Pramod Kale .
Advocate
Can I get chid custody if I prove adultery on behalf of my wife
Dear Sir I would like to share that I am a married guy from last 7 years, and in relation with my wife from last 11 years. I was happily married since the day I caught my wife not once once but over couple of occasiaons of having involved over phone with one guy. The suspense got over when one day she was caught red handed speaking about love and faulty language with him, after the occassion the phone recordings showed they are been into relation for more than 2 months and have had more than 1200 calls during the tensure involving talks about sex as well. Some Proof which I do have are as under : 1. Travelling in joint sleeper bus from overnight and return 2. Staying in Hotel For overnight 3. Audio rerecords of both the persons to have kisses hugs etc, also both of them have agreed in front of me that yes they did these activities, recordings for the same is also available so now can i prove adultery and get my child back.
Answers (1)
first of all you need to be clear in your thoughts that whether you want to prove adultery of your wife or you want the custody of your child, if you want custody of your child and divorce by way of proving adultery you need to contact to my office with all the material. Then only i would be able to suggest you for further actions.
Child abduction India not signed The Hague convention what to do
My wife's a Indian citizen, if she takes our daughter from the United Kingdom for a holiday and never return to the UK where the child is a normal resident of, what are the current Indian laws, where the wife claims domestic violence. (Which is why India did not sign) how easy is it to get the child back to India. Can anyone give expert law details
Answers (1)
if your wife is currently residing in India and have filed a Domestic Violence case, then as per the information provided by you the Indian courts have no jurisdiction to entertain ( if you & your wife have not resided in india since marriage). same the jurisdiction would again play a crucial role while taking care of CHild custody case.
Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.
Procedure to get child's custody by husband as wife wants divorce
My son and his wife have strained relations. Now she wants to go to her fathers home with her two kids and later have divorce. Can she take the kids away from his father at this stage. We are Hindu.
Answers (4)
Yes she can. How old is the marriage and their sons? If the kids are more than 7 years of age , father may file for custody of kids. Court may decide on merits of the case in favour of father, if he proves to the court that he’s in a better position to take care of kids and she’s not a good mother.
The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.
Are the children minor? If yes, then yes the mother can take the children with her as mother is the natural guardian of the minor children. It is better to have mutual divorce and get all T&C clear including custody and visiting rights. Even if your daughter-in-law takes the custody of the children, your son will have visiting rights.
The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.
Can my husband file for custody of children
I have 2 sons aged 3.5 & 2. My husband & I married 6 years ago. It's a love marriage. My husband after our second child changed A lot & got into an influence of his friend who is rude & agrtessive.. Now my husband has gone back to delhi, hardly calls just puts money in account. He is brain washed by his friend & family to force me to live with family or he wants seperation. I don't want to give my sons to them. My in laws have never taken care of my children. Now that I am raising them they. R plotting this.. Please suggest
Answers (2)
Madam as far as children below age of 5 are concerned the custody will remain with the mother, and even after 5 years your husband wants the custody then he has to file a case for custody and prove that he is in better position and can take care better then you, and it is not easy and time consuming for him to get custody, at present he will not be granted custody and even after 5 years he has to file a case and then the court will decide to whom the custody should be granted.
Physical custody means that one parent is held responsible for the child’s basic/daily needs like housing, education and food. But in many cases, the non-custodial parent still has visitation rights.
Although there are some specifications under each personal law, Child custody matters in India are governed by the Guardians and Wards Act 1890 (GAWA), which is applicable to people of all religions in India. Under these Acts, generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother. However, courts also consider specific personal laws while giving their judgements.
Hindus are governed by the Hindu Minority and Guardianship Act 1956 (HMGA), which follows similar considerations as GAWA. Although the HMGA provides that the father is the natural guardian of the child, the paramount consideration for custody is the welfare of the child. Courts in India have therefore tended to give custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection.
As per Muslim personal laws, minor children are given to mothers. But after the age of seven years, the mother’s right over the son ends. Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends. In case of the absence of both parents, the grandparents are offered the custody of the child. Also, as per ‘Shia’ law, if a person ceases to be a Muslim, the child’s custody cannot be granted to him/her.
In the case of Christians, custody issues are handled by the Indian Divorce Act, 1869. Section 41 of the Act has some provisions which state that the Court may pass such orders as it deems proper, including placing the child in its protection.
However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.
How courts decide child custody
The courts give their decision based on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on. Children’s preferences are generally considered after 9 years of age. Some archaic considerations still remain, which means that in case of remarriage of a woman, generally custody is not granted to her while it may be granted to a father who remarries, especially if the second wife cannot give birth.
There are two types of custody which may be granted. One is ‘sole custody’ where only one spouse gets the physical custody of a child. The other is ‘joint custody’ where both the spouses share the custody of the child.
Other key facts about child custody law in India
Custody in India is not a hard and fast issue, and judges decide on a case-to-case basis. It is not always necessary that if you are of unsound economic condition or have some other problems, you will not be given custody. The courts keep in mind the mental satisfaction of the children and their best interests. After a divorce, the husband may be ordered to pay maintenance to the wife, which can also be used to bring up the child.
If you feel that you are capable of taking care of your child, then you must file an application. It is your right to get custody of your child. It is also advisable to meet a good lawyer and work on these aspects in advance. If one of the parents is given custody of the child, the other is granted visitation rights. That means that he/she can meet the child with permission from the custodial parent. It is also possible to request the Court to reconsider its decision after a period of time, especially if the children are not happy.
How to claim custody of child without getting a divorce
We are hindu and have been married for 4 years my husband does not want to live with me anymore. He has kept our 2 year old son with himself and made me leave the home. I am 4 months pregnant now and want my first child be with me too. I won't get remarried. What should i do?
Answers (2)
Hello, yes it is possible to get custody of your child without getting divorce. You can file case before family court regarding custody of your child. For further more detailed discussion just contact us
In your case you need to file a case of grant of custody before the family court. Ideally and legally mother is the rightfull custodian of her child upto the age of 5.
If in case you want to live with your husband then also you can file a case of restitution of congujal rights.
mental harrasement from spouse family taken my kids
i've been married for 4 years and i have been bleesed with 2 children one kids in 2 years 6 months and my second son is 1 year 7 months ... from the time of marriage i have been abused , tortured , slippered by my spouse and family due to my caste it was an arrange marriage . even for having sex i was literally abused by words by all means . Even my parents are facing the same situation with her and their family . We have run thru almost all the cops in our area At the time when my 2nd son was 4 months she gave my second son through the cops in written stating that she does not need him and wants me to raise him , I raised my second son until he was 1 year 2 months again thru cops she threatened me if i did not rejoin with her she will take away my second son as well so i had no other choice other than to rejoin the cops adviced her not to treat me or my family ill but after 2 weeks situation became worse and started with abuse once again so we ran into a fight now she took my sons
Answers (1)
wat is the complaint given by her in the police station, you have every right to see your children and have your conjugal rights which no one can deny if you are not able to live with her then you have to file divorce and ask for custody of your children
How to claim custody of 4 year old boy child ?
SIR, i inform u that my wife comitted suside on NOV and i was arrested by police on dp act and came back on bail this month now i want my child i have not seen him for NOV and i want to take him with me and his age is 4 year as on FEB2017 as he was going to school and it has been discontinued please help me . i am an Hindu
Answers (2)
In the best interest of child you may seek custody of the child by invoking provisions available under guardianship and ward act 1890. There are chances of getting custody of child if you prove that the welfare of the child is neglected.
In its 257th report on 'Reforms in Guardianship and Custody Laws in India', the commission said the change in laws will let courts to consider awarding joint custody of children in circumstances beneficial to the welfare of the child.
At present, courts in India award a minor's custody to one parent or the other depending on who they think will ensure the child's welfare, though the legal position is different in Hindu law, which considers the father the natural guardian, and other secular laws, which consider the mother the natural guardian of a child.
According commission children are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face.
"This imbalance is addressed through changes to the law that will place a duty upon the court to uphold the child's welfare in every case. This will ensure that the child's future is safe and protected, regardless of changing familial circumstances
Courts in India have recognised the welfare principle, but the framework is desired changes, so a new chapter on custody and visitation arrangements in the Guardians and Wards Act, 1890.Even now child’s grandparents can also apply for a grandparenting time order under the amended provisions.
Audio evidence recorded on phone but not a call recording
I have recorded some abusive behavior of my inlaws using the record option in my phone. (The conversation took place in person and is not a phone call). Is this admissible as evidence in court. Should I transfer it to a CD and submit in court? Should I separately prove its authenticity ie its not tampered and the voice is of my inlaws etc. How do I prove this
Answers (2)
HELLO !
Your recording of audio should synchronize with the petition averment for the case you refer. Only when your complaint in the
petition tally with your audio recording the court may admit such evidence . Normally court doesn't admit audio voice, for the
simple reason very often it is very often either imitated or tampered to suit the convenience of the contesting litigants.
For more information please contact me.
Yes, it s admissible in evidence as per section 65A of the Indian Evidence Act read with section 2(1)t of the Information Technology Act. But the condition that voice of the alleged speaker must be duly identified by who regognise her voice. The acuuracy of the voice record have to prove by you by the satisfactory evidence and circumstantial. You have to transfer it to the CD by the authorised centers because I future you may called them as witness. In your affidavit you have mentioned all these incidents clearly and to have state about the audio record. Then only you can use the same during the court trial.
Please advise me on the matter of Divorce and Child Custody
I am a mother of two kids 4,5 years. I am a homemaker and take care of house and kids and so finance part husband takes care of. There are issues in our marriage and we are planning to separate. My husband wants the custody either of both children or atleast one of them. According to me, kids should be with me as I have always taken care of them because my husband was very clear that if i provide money then i have no other responsibility. Also i do not want my kids to separate as they are a support of each other. I am looking for a mutual divorce but at the same time I cannot give custody of any of my kids to my husband. What is procedure for divorce and child custody in such cases?
Answers (1)
Hii.. If u want to file mutual consent then all terms including child custody should be mutually agreed then only u can go ahead with it.. Or u need to file separate cases for divorce, child custody and maintenance.
Child custody u can discuss as such ur husband will have visiting rights and also interim custody during holidays
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi Happy,
Issue a legal notice and proceed with the complaint ( NI act strictly maintain limitation), you may withdraw the complaint at your discretion on payment of rest of the amount or he may try to cancel the deal.
Issue a legal notice and proceed with the complaint ( NI act strictly maintain limitation), you may withdraw the complaint at your discretion on payment of rest of the amount or he may try to cancel the deal.
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Chitra Sundar
Responded 3 years ago
A.Yes, you can send a legal notice and file a cheque bounce case against him. You are not prevented from doing this, as you were engaged in that business in a separate capacity and have discontinued the same after enrolling with the bar council.
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