My income is lesser than my wife
5 years ago
Dear Sir,
My income is Rs. 8,000 pm and my wife income is Rs. 55,000 pm. I am filing the custody case of my children or child who is presently living with my wife separately from me.
Do i have any chances to get the custody of even 1 child?
Daughter is of 15 years and Son is of 9 Years
Please suggest the way or expected result of the case.
Rajender Prasad
Responded 5 years ago
A.The decision of the court depends on the wellness of the child but preferably, the custody of child upto 5 yrs is given to mother there after it can be given to father on the above said principle. For details, pl. contact some family advocate through vidhikarya.com
Rajender Prasad
Rajender Prasad
Helpful
Helpful
Share
PURSHOTTAM LILARAM KHANCHANDANI
Responded 5 years ago
A.You will no be able to justify (morally & economically) custody of your child.
Helpful
Helpful
Share
Anonymous
Replied 5 years ago
Thanks sir
A.hi
Whether your children are interested to live with u. If not then there are no chances. Even in court you vcan not succeed as you are not earring handsome amount to look after your children.
Prithvi Raj Sikka
LAW JURIS
Delhi
Whether your children are interested to live with u. If not then there are no chances. Even in court you vcan not succeed as you are not earring handsome amount to look after your children.
Prithvi Raj Sikka
LAW JURIS
Delhi
Helpful
Helpful
Share
Anonymous
Replied 5 years ago
Thanks sir
Ashish K Dongre
Responded 5 years ago
A.what is the opinion of your son or your daughter? Better you consult any Vidhikarya lawyers for more details.
Helpful
Helpful
Share
Anonymous
Replied 5 years ago
Thanks sir
A.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 reasons.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html
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 reasons.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html
Helpful
Helpful
Share
Anonymous
Replied 5 years ago
Thank you sir
Read Related Answers
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...
Living separately for 7 years
Dear Client,
Living separately for long seven years cannot force your family to live with you against their consent. Even a Court cannot force your family to live with you after a long desertion of se...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location
