How is custody of child decision done in DV section 21?
2 years ago
My Childerns are with me last 7 months and my wife has filed DV against me ? She is extremely cruel in nature and kids are very scared of her.
She has been after their custody 10 years and 6 years old boys.
I stay with them at rental accommodation and earn decent salary , My wife has left job recently and is claiming both of them
How is child custody dealt in DV Case ?
Do JMFC look at
1) wishes of child ,
2) Character nature of mother ,
3) she also has extramarital affair and i have proofs
4) She is financially very weak
5) Kids clearly express they don't want to stay with her
Since its summary proceedings and inclined towards women does child custody have any fairness or it is one sided
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The potential of child custody is not mentioned in the DV Act. Because DV is a particularly woman-centered behaviour, your position at the moment of separation is in jeopardy. You must also examine the consideration and child custody provision that were granted at the time of your formal separation. However, in most situations of amicable divorce, child custody is mostly determined by the kid's age. The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
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DV act, does not mention the prospect of child custody. DV is also a very woman centric act, therefore, your position at the time of separation is at stake. Additionally you have to consider the consideration and the clause on child custody that was given at the time of your legal separation. However, child custody in normal cases of mutual divorce is majorly dependent on the age of the child. The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
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Vaidehi Samant
Responded 2 years ago
A.Firstly DV matter does not include child custody and therefore there is no question of taking children's view into consideration and secondly if you know your wife has extramarital affair and you have evidence towards that than why have you not filed divorce case against her on the ground of adultery? If her adultery is proved you will not require to provide her with any alimony or maintenance and probably custody of the children may also be provided to you depending on the situation. Thank you.
Search a child custody lawyer here https://www.vidhikarya.com/child-custody-lawyers
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