Guardianship
2 years ago
I have filed hma-9 but my wife not responding at all. I need my daughter and for it, am I eligible to file guardianship case or child custody as my wife is not working and she mentioned in the court by submitting application that she is not working and unable to procure expenses
A.Dear Sir,
You have to file child custody case claiming visitation rights.
You have to file child custody case claiming visitation rights.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello, Sir.
In an HMA 9 litigation, you can surely request an ex parte order against your wife and seek the required judicial remedies. The guardianship of your kid, however, will be determined by your daughter's age. All children under the age of five are given to the mother under the Hindu Minority and Guardianship Act of 1956.Â
Thank youÂ
In an HMA 9 litigation, you can surely request an ex parte order against your wife and seek the required judicial remedies. The guardianship of your kid, however, will be determined by your daughter's age. All children under the age of five are given to the mother under the Hindu Minority and Guardianship Act of 1956.Â
Thank youÂ
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A.Hi Sir,
You can definitely move an ex parte order against your wife in HMA 9 suit and seek the necessary legal remedy. However, the guardianship of your child will depend on the age of your daughter. The Hindu Minority and Guardianship Act of 1956 gives the mother custody of all children under the age of five. The father is awarded custody of his sons and unmarried daughters. Illegitimate children's custody is awarded to the mother first, then to the father, whereas a married girl's guardianship is assigned to her husband. There is a law called the Hindu Minority and Guardianship Act of 1956.
Thank you.
You can definitely move an ex parte order against your wife in HMA 9 suit and seek the necessary legal remedy. However, the guardianship of your child will depend on the age of your daughter. The Hindu Minority and Guardianship Act of 1956 gives the mother custody of all children under the age of five. The father is awarded custody of his sons and unmarried daughters. Illegitimate children's custody is awarded to the mother first, then to the father, whereas a married girl's guardianship is assigned to her husband. There is a law called the Hindu Minority and Guardianship Act of 1956.
Thank you.
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A.If she is not appearing for Section 9 HMA case then you can go ahead with ex-parte order and post that your door for divorce will be open as you cannot force her to come and stay with you. As far custody of you child is concerned you will have to file a case and ask for visitation right as interim order to set up the tone of building and maintaining the relationship with your daughter because if she refuses in the court to be with you then it might be an issue for the court to pass the judgement in your favour.
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Tanmoy Chattopadhyay
Responded 2 years ago
A.Father is the natural guardian of a child and therefore you can file a custody case to regain the custody of your daughter but if the daughter express her unwillingness then your case can get defeated because ultimately it is the best interest of the child which is the most important factor in determining guardianship and custody rights.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Yadi aap ka section 9 ka case aap ke paksh me decision ho jae. But court aap ki wife ko forcely aap ke sath nhi bhej sakti hai. Jo decree aap ke paksh me ban jae but usko court execute nhi kar sakti.
Aap ne daughter ki adge nhi mention ki. Ladies ka right bachho ki custody ke liye.
Son ke liye 7 years.
Daughter ke liye 13 years.
Isparkar daughter ke liye 13 years tak mother ka custody ka right hai.
Custody lene ke liye court kuch issues par gor karti hai. Jaise ki social status. Economic status. Education status. Etc inko court judgement karne se pahle consider karti hai.
Isliye aap daughter ki custody ke liye jaa sakte hai..
Aap ne daughter ki adge nhi mention ki. Ladies ka right bachho ki custody ke liye.
Son ke liye 7 years.
Daughter ke liye 13 years.
Isparkar daughter ke liye 13 years tak mother ka custody ka right hai.
Custody lene ke liye court kuch issues par gor karti hai. Jaise ki social status. Economic status. Education status. Etc inko court judgement karne se pahle consider karti hai.
Isliye aap daughter ki custody ke liye jaa sakte hai..
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A.Yes. You can file for guardianship case or child custody.
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Sidhaarth
Responded 2 years ago
A.Petition under section 9 HMA is wastage of time as even if you get decree in your favour even then you can not compel your wife to live with you. In case of daughter preference in relation to guardianship is given to mother. Your wife can claim maintenance for herself and daughter and also residence. Merely because your wife is not earning does not make you entitled for guardianship of daughter. You can file guardianship case under guardianship and wards Act where as interim relief you can ask for meeting and visiting to daughter.
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