Custody Custody

5 years ago

I (husband) filed a divorce petition on cruwlty basis and there are 2 sons aged about 3years 1 months
And other is 2 years.
She is a govt servant teacher getting 75,000/- per month and i am a private teacher getting 22,000/- per month
I want divorce and custody of both or one child whichever is possible.
So pkease tell me about maintenance and custody. Can i get custody

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You get divorce without custody of children and you need not pay any alimony. The law on custody is as follows.
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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

CHILD RIGHTS COMMISSION ACT 2006

http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE- 560 001
(080) 2211529

Such Commissions are situated in Every State
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Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016
Bench: A.S. Oka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO. 84 OF 2013


Forum for Fairness in Education An NGO,

Vs


Union of India and Others. .. Respondents
-
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
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Vidhi Samaadhaan Vidhi Samaadhaan

Ashish K Dongre

Responded 5 years ago

A.Both the custody of your children will be with your wife as both are below 5 year of age but still it will depend upon facts of each case. Your wife is not entitled to maintenance but your children are..
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Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.She is not entitled to Maintenance but she can claim maintenance for the children. Custody of the child is separate matter and will depend of the facts of the case
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Vidhi Samaadhaan Vidhi Samaadhaan

Shailesh Kumar

Responded 5 years ago

A.Not only you will be declared unable to pay maintenance but you may stand to get maintenance from her. You may get custody of one and both children but it depends on several factors too.
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.Maintenance can be opposed on the ground that wife is getting more salary. Custody of children will depend upon many factors.seek personal consultation for further services.
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