My income is lesser than my wife 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
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PURSHOTTAM LILARAM KHANCHANDANI

Responded 5 years ago

A.You will no be able to justify (morally & economically) custody of your child.
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Anonymous

Replied 5 years ago

Thanks sir

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Prithvi Raj Sikka

Responded 5 years ago

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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
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Anonymous

Replied 5 years ago

Thanks sir

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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.
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Anonymous

Replied 5 years ago

Thanks sir

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Kishan Dutt Kalaskar

Responded 5 years ago

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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
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Anonymous

Replied 5 years ago

Thank you sir

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