After divorce child custody
3 years ago
Im 36yrs old mother of two , due to some circumstances my husband wants divorce and blaming me for having affair with my friend. I just wanted to know what are the chances to get child custody in this case. Im non earning mom. Plz suggest me what shall I do to get my kids custody.
A.Dear Madam,
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reason
==================================================
Please give me Rank 5 if you feel my answer helped you.
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reason
==================================================
Please give me Rank 5 if you feel my answer helped you.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.you may file a G&WC petition to seek custody if the talk for settlement gets failed.
Helpful
Helpful
Share
A.YES, You can get Divorce.
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you? But why do you want their Custody as you are NON EARNING person ? Let him take the kids with him
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us so you can get more FINANCIAL BENEFITS & let you know the best possible way.
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; also you can call me back for the same.
We can help you in getting done the same & Complete Legal Documentation works.
Hope this information is useful
ADV. ANISH P (High Court)
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you? But why do you want their Custody as you are NON EARNING person ? Let him take the kids with him
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us so you can get more FINANCIAL BENEFITS & let you know the best possible way.
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; also you can call me back for the same.
We can help you in getting done the same & Complete Legal Documentation works.
Hope this information is useful
ADV. ANISH P (High Court)
Helpful
Helpful
Share
Read Related Answers
Travel abroad
Dear Client,
Your husband being the biological father of the child can refuse and prevent you from taking away your child abroad in the absence of any court order awarding you custody of the child. U...
Child custody/ separaration
Dear Client,
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
Alcoholic and abusive husband allowed to see kids
Dear Cleint,
It's commendable that you've taken steps to protect yourself and your sons by seeking legal recourse through divorce and filing for protection.
Given the history of abuse and the poten...
Alcoholic father allowed to see children through video calls
Dear Client,
As stated in the query, you have already taken legal action against your errant and unruly husband filing a case for Domestic Violence and a petition for divorce in the Court, so no furth...
Mutual DV and child custody
Dear Client,
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location
