Application of Visitation Rights to family court
3 years ago
Can respondent husband submit Application on plane paper to filing section of family court for VISITATION RIGHTS for meeting kids as petitioner wife is not allowing respondent husband to meet kids and wife is not specifying her address. What section and act , details need to be mentioned by respondent husband in the application of VISITATION RIGHTS ?
Wife took interim custody of second kid (18 months) and second hearing is fixed on 3rd September 2020.
Sanjay Kumar Jha
Responded 3 years ago
A.Dear Client,
If you are appearing in person before court ,then also you will have to file the petition as per court required format, but no need to define sections , court would consider as per your plea or prayer. What is your relation and purpose for or why you want ,
If you are appearing in person before court ,then also you will have to file the petition as per court required format, but no need to define sections , court would consider as per your plea or prayer. What is your relation and purpose for or why you want ,
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Jugal Kishore
Responded 3 years ago
A.Yes you can file but you to affix court fee stamp which is Rs 1 in Rajasthan. Court fee may some differ at place of your court.
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A.Know your custodial rights for your child
There are several sound reasons to handle divorce as co-operatively and sensibly as possible. But one reason that subdues all others is the child custody battle. Custody for child, when parents divorce implies with whom the child would physically reside and the custodial parent would have the primary responsibility over the emotional, medical and educational needs of the child. The non-custodial parent will have the right of access.
From the general point of view, the court is inclined to offer the right over a child to a mother, who is naturally preferred for the legal custody. However over the years there has been a shift from custody being a “right of a parent” to being the “right of a child”. The paramount welfare of the child is the non-negotiable principle, which decides who best will serve the emotional, social, medical and educational needs of a child.
In some countries there is an explicit difference between a physical custody and a legal custody. Physical custody means having the child living with you and a legal custody means authority to determine child’s medical care, schooling etc. In India there is no such separate concept of physical and legal custody. However being a secular country, personal laws have different notions of physical child custody.
Custodial rights under Hindu law
In Hindu community, Hindu minority and Guardianship Act, 1956 and Guardians and ward Act, 1980 govern the child custody, with HMGA 1956 having overriding effect on GWA 1980. An important provision in HMGA 1956 is Section 13, which states that “welfare of the child is to be a paramount consideration”. With this clause the favourable clause 19 of GWA 1980 towards father for child custody has been overridden. This means that child custody can be more easily granted to women in interest of child’s welfare.
Section 6(a) of HMGA 1956 states that a minor child, under the age of 5, is committed to the custody of mother. This legal trend might seem biased towards the mother, but it is not impossible for a father to claim custody for child. The Act puts onus on the father to prove cogent reasons, indicating that livelihood and welfare of the child being jeopardized if the custody is retained by the mother.
Section 26 of Hindu marriage Act, 1955 deals with custody of children with both parents following Hindu religion. Under this Act, the court can pass interim orders and make provisions when and where they feel the need, with careful consideration to maintenance and welfare of the child, after being proportionate with child’s wishes. The same principle is applied in section 38 of Special marriage Act, 1954.
Section 41 of the Divorce Act, 1869, lays down power with court to make orders as to custody of children in suit of separation.
Custodial right under Muslim law
In Muslim law, a mother is considered as first priority w.r.t child custody and if mother is disqualified under their personal laws, custody is given to the father. Mother’s right to child custody is known as right of Hizanat and can be enforced against the father or any other person.
Among Hanafis, a mother’s right over her son terminates on latter’s completing the age of 7 years. The Shias hold that mother is entitled to custody of her son till he is weaned. Among the malikis, the mother’s right of Hizanat continues till he reaches puberty. Mother’s right over daughter remains till they attain puberty and get married.
Father’s right of Hizanat comes into picture, when mother’s right of Hizanat is completed or in the absence of mother. The father then has the right to appoint testamentary guardian with custody of minor child.
Custodial rights under Christian law
Christian law per-se does not have any specific provision for custody and the issues are resolved by Indian Divorce Act, 1869 which applies to all the religion of the country. Under this Act, the court passes interim orders for maintenance of the minor child, as it deem fit, altering the main decree of the suit to ensure proper care and maintenance of the child.
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.
Age of child 5 years father not ready to give up custody what to do
Age of Child Below 5 years. father of that child not ready to handover the coustody or that child to his mother. please provide remedey 1) Whether applicaton u/s 97 crpc will be proper or 2) Remedy under Guardian and Wards Act will be proper
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 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.
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
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.
Child custody without divorce
advise to get child custody without divorcing my wife, my in laws have taken away my wife and have not contacted me or my family since then, they took away the child and my daughter through police station, I am ok with visitation rights as well , I love my wife a lot, I don't want to hurt her, all I want is to take care of my child's future and be able to see meet touch and play with her and to bring her to my house under child custody
Answer
The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party 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 restitution of conjugal rights accordingly.
Hence this is a legal way wherein court will direct your wife to stay with you.
You have not mentioned in which proceedings you have recevied the visitation rights.You also need to mentioned as to how old are your children.There is a limit of age in which the mother can only have the custody of the child,thereafter after that age you can seek the custody of the child from her through court.If she has not stated any reason for staying away from you then you n file the petition for restitution of conjugal rights thereby directing her through court to stay with her.
The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party 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 restitution of conjugal rights accordingly.
Hence this is a legal way wherein court will direct your wife to stay with you.
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.
Age of child 5 years father not ready to give up custody what to do
Age of Child Below 5 years. father of that child not ready to handover the coustody or that child to his mother. please provide remedey 1) Whether applicaton u/s 97 crpc will be proper or 2) Remedy under Guardian and Wards Act will be proper
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 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 is the procedure for adoption of a stepchild
Hello Sir, I have married an old friend (let's call her NB) who has a child from a previous live in relationship. It was an abusive relationship which she got out of to protect her child. The biological father (let's call him AB) was an alcoholic and serial abuser. He has been married to someone else and has a daughter since before living in with NB. He never sought divorce from his first wife, and never gave any recognition, legal or social to NB. NB got out of the relationship while pregnant. During her pregnancy, she found help and support from a colleague (let's call him AR), who wanted to marry her. He insisted on giving his name in the birth certificate of the child when he was born. Unfortunately, the guy turned out to be a fraud, who is married and has a son. NB was traumatised along with her ailing parents due to this betrayal. This was 15 months ago. The child is now 18 months old. Now I have married NB and want to adopt the child. AB, though the biological father
Answers (1)
"Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.
The Prospective Adoptive Parents (PAPs) should produce following original documents along with two copies on which self attestation is done for undergoing a legal adoption procedure.
1) Any of the following documents as Identity Proof – Pan Card/Passport/Voter Card/Driving License.
2) Address Proof - for example, any of the documents like Ration Card/Aadhar Card/ Electricity Bill etc.
3) Certificate of Marriage
4) The Prospective Adoptive Parents should obtain a Health Certificate from a registered medical practitioner stating that they are not coping with any incurable or contagious diseases or any mental or physical condition due to which they would prove incompetent to take care of the adopted child.
5) A Family Photograph.
6) Recently clicked Photographs of the Adoptive Family (three photographs of postcard size).
7) The self-employed Prospective Adoptive Parents need to furnish an IT Statement for the preceding three years. They have to provide an Income Certificate in case if they are employed in any organisation from that particular organisation along with the date of superannuation.
8) Two Letters of Recommendation are required to be furnished by Prospective Adoptive Parents. These letters of recommendation should be from the persons who are well acquainted with adoptive family and who are not the immediate relatives of any of the any of the Prospective Adoptive Parents.
9) Prospective Adoptive Parents also need submit Financial Statement which should include bank statements for preceding six months, particulars of loans taken and complete details of the moveable and immovable properties owned by them.
10) In case of previous adoption the Prospective Adoptive Parents have to furnish Adoption Decree.
11) If Prospective Adoptive Parents already have a biological or adopted children or child whose age is more than 7 years, they need to take Written Consent from such children or child.
12) Single Prospective Adoptive parents need to provide a Letter From a Close Relative stating that the relative would take care of child in case if any unforeseen circumstances take place.
13) In case of Divorcees (Single Prospective Adoptive Parent), Divorce or Legal Separation Decree needs to be submitted."
Can I get custody of my daughter after second marriage of my wife
Dear Sir, due to a family disturbance My Wife left my House and she has been staying with her Parents since 6 Yrs. My only daughter (1 child only) is 14 years old now. My wife is recently going to marry her maternal uncle's son (Who is also married and no divorce settled as same as my case). Dear Sir, my question is as I want to keep my daughter with me after my wife's marriage, so is it possible to take this action. Is their any law or how much legal my current wife has to keep my kid with her, My daughter loves a lot to me, but if she do not agree to stay with me leaving her mother, so can I apply force to bring her my house. Please help me to reply as soon as possible.
Answers (3)
Yes you can ask for custody of child , if your wife got married again . But when your case for divorce was not dispose of the the second marriage is a offence under the provision of I.p. c. But you have every right to claim custody
In this case I want to know have you any proof regarding remarriage? If you have then she must punished with adultery as per ipc.
2nd issue is children, in this case there is sufficient grounds for the child stay in fathers custody.
Dear Sir
You can definitely get back your minor daughter from the custody of her mother or your wife if it can be proved that she has got re married some one else. In this case you have to file a case before the court having competent jurisdiction.
There are several sound reasons to handle divorce as co-operatively and sensibly as possible. But one reason that subdues all others is the child custody battle. Custody for child, when parents divorce implies with whom the child would physically reside and the custodial parent would have the primary responsibility over the emotional, medical and educational needs of the child. The non-custodial parent will have the right of access.
From the general point of view, the court is inclined to offer the right over a child to a mother, who is naturally preferred for the legal custody. However over the years there has been a shift from custody being a “right of a parent” to being the “right of a child”. The paramount welfare of the child is the non-negotiable principle, which decides who best will serve the emotional, social, medical and educational needs of a child.
In some countries there is an explicit difference between a physical custody and a legal custody. Physical custody means having the child living with you and a legal custody means authority to determine child’s medical care, schooling etc. In India there is no such separate concept of physical and legal custody. However being a secular country, personal laws have different notions of physical child custody.
Custodial rights under Hindu law
In Hindu community, Hindu minority and Guardianship Act, 1956 and Guardians and ward Act, 1980 govern the child custody, with HMGA 1956 having overriding effect on GWA 1980. An important provision in HMGA 1956 is Section 13, which states that “welfare of the child is to be a paramount consideration”. With this clause the favourable clause 19 of GWA 1980 towards father for child custody has been overridden. This means that child custody can be more easily granted to women in interest of child’s welfare.
Section 6(a) of HMGA 1956 states that a minor child, under the age of 5, is committed to the custody of mother. This legal trend might seem biased towards the mother, but it is not impossible for a father to claim custody for child. The Act puts onus on the father to prove cogent reasons, indicating that livelihood and welfare of the child being jeopardized if the custody is retained by the mother.
Section 26 of Hindu marriage Act, 1955 deals with custody of children with both parents following Hindu religion. Under this Act, the court can pass interim orders and make provisions when and where they feel the need, with careful consideration to maintenance and welfare of the child, after being proportionate with child’s wishes. The same principle is applied in section 38 of Special marriage Act, 1954.
Section 41 of the Divorce Act, 1869, lays down power with court to make orders as to custody of children in suit of separation.
Custodial right under Muslim law
In Muslim law, a mother is considered as first priority w.r.t child custody and if mother is disqualified under their personal laws, custody is given to the father. Mother’s right to child custody is known as right of Hizanat and can be enforced against the father or any other person.
Among Hanafis, a mother’s right over her son terminates on latter’s completing the age of 7 years. The Shias hold that mother is entitled to custody of her son till he is weaned. Among the malikis, the mother’s right of Hizanat continues till he reaches puberty. Mother’s right over daughter remains till they attain puberty and get married.
Father’s right of Hizanat comes into picture, when mother’s right of Hizanat is completed or in the absence of mother. The father then has the right to appoint testamentary guardian with custody of minor child.
Custodial rights under Christian law
Christian law per-se does not have any specific provision for custody and the issues are resolved by Indian Divorce Act, 1869 which applies to all the religion of the country. Under this Act, the court passes interim orders for maintenance of the minor child, as it deem fit, altering the main decree of the suit to ensure proper care and maintenance of the child.
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.
Age of child 5 years father not ready to give up custody what to do
Age of Child Below 5 years. father of that child not ready to handover the coustody or that child to his mother. please provide remedey 1) Whether applicaton u/s 97 crpc will be proper or 2) Remedy under Guardian and Wards Act will be proper
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 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.
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
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.
Child custody without divorce
advise to get child custody without divorcing my wife, my in laws have taken away my wife and have not contacted me or my family since then, they took away the child and my daughter through police station, I am ok with visitation rights as well , I love my wife a lot, I don't want to hurt her, all I want is to take care of my child's future and be able to see meet touch and play with her and to bring her to my house under child custody
Answer
The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party 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 restitution of conjugal rights accordingly.
Hence this is a legal way wherein court will direct your wife to stay with you.
You have not mentioned in which proceedings you have recevied the visitation rights.You also need to mentioned as to how old are your children.There is a limit of age in which the mother can only have the custody of the child,thereafter after that age you can seek the custody of the child from her through court.If she has not stated any reason for staying away from you then you n file the petition for restitution of conjugal rights thereby directing her through court to stay with her.
The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party 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 restitution of conjugal rights accordingly.
Hence this is a legal way wherein court will direct your wife to stay with you.
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.
Age of child 5 years father not ready to give up custody what to do
Age of Child Below 5 years. father of that child not ready to handover the coustody or that child to his mother. please provide remedey 1) Whether applicaton u/s 97 crpc will be proper or 2) Remedy under Guardian and Wards Act will be proper
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 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 is the procedure for adoption of a stepchild
Hello Sir, I have married an old friend (let's call her NB) who has a child from a previous live in relationship. It was an abusive relationship which she got out of to protect her child. The biological father (let's call him AB) was an alcoholic and serial abuser. He has been married to someone else and has a daughter since before living in with NB. He never sought divorce from his first wife, and never gave any recognition, legal or social to NB. NB got out of the relationship while pregnant. During her pregnancy, she found help and support from a colleague (let's call him AR), who wanted to marry her. He insisted on giving his name in the birth certificate of the child when he was born. Unfortunately, the guy turned out to be a fraud, who is married and has a son. NB was traumatised along with her ailing parents due to this betrayal. This was 15 months ago. The child is now 18 months old. Now I have married NB and want to adopt the child. AB, though the biological father
Answers (1)
"Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.
The Prospective Adoptive Parents (PAPs) should produce following original documents along with two copies on which self attestation is done for undergoing a legal adoption procedure.
1) Any of the following documents as Identity Proof – Pan Card/Passport/Voter Card/Driving License.
2) Address Proof - for example, any of the documents like Ration Card/Aadhar Card/ Electricity Bill etc.
3) Certificate of Marriage
4) The Prospective Adoptive Parents should obtain a Health Certificate from a registered medical practitioner stating that they are not coping with any incurable or contagious diseases or any mental or physical condition due to which they would prove incompetent to take care of the adopted child.
5) A Family Photograph.
6) Recently clicked Photographs of the Adoptive Family (three photographs of postcard size).
7) The self-employed Prospective Adoptive Parents need to furnish an IT Statement for the preceding three years. They have to provide an Income Certificate in case if they are employed in any organisation from that particular organisation along with the date of superannuation.
8) Two Letters of Recommendation are required to be furnished by Prospective Adoptive Parents. These letters of recommendation should be from the persons who are well acquainted with adoptive family and who are not the immediate relatives of any of the any of the Prospective Adoptive Parents.
9) Prospective Adoptive Parents also need submit Financial Statement which should include bank statements for preceding six months, particulars of loans taken and complete details of the moveable and immovable properties owned by them.
10) In case of previous adoption the Prospective Adoptive Parents have to furnish Adoption Decree.
11) If Prospective Adoptive Parents already have a biological or adopted children or child whose age is more than 7 years, they need to take Written Consent from such children or child.
12) Single Prospective Adoptive parents need to provide a Letter From a Close Relative stating that the relative would take care of child in case if any unforeseen circumstances take place.
13) In case of Divorcees (Single Prospective Adoptive Parent), Divorce or Legal Separation Decree needs to be submitted."
Can I get custody of my daughter after second marriage of my wife
Dear Sir, due to a family disturbance My Wife left my House and she has been staying with her Parents since 6 Yrs. My only daughter (1 child only) is 14 years old now. My wife is recently going to marry her maternal uncle's son (Who is also married and no divorce settled as same as my case). Dear Sir, my question is as I want to keep my daughter with me after my wife's marriage, so is it possible to take this action. Is their any law or how much legal my current wife has to keep my kid with her, My daughter loves a lot to me, but if she do not agree to stay with me leaving her mother, so can I apply force to bring her my house. Please help me to reply as soon as possible.
Answers (3)
Yes you can ask for custody of child , if your wife got married again . But when your case for divorce was not dispose of the the second marriage is a offence under the provision of I.p. c. But you have every right to claim custody
In this case I want to know have you any proof regarding remarriage? If you have then she must punished with adultery as per ipc.
2nd issue is children, in this case there is sufficient grounds for the child stay in fathers custody.
Dear Sir
You can definitely get back your minor daughter from the custody of her mother or your wife if it can be proved that she has got re married some one else. In this case you have to file a case before the court having competent jurisdiction.
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A.You can apply its is paternity right go ahead they will allow
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