Child custody - I am divorced
1 year ago
I wanted to know regarding child custody , I am divorced and have my child full custody my ex only has visitation rights in our mutual divorce he was liable to pay maintenance each month but from past 3 years he has not paid a single penny . I am taking full care and responsibility of my daughter who is 7 years. Now I m planning to settle abroad with my daughter but I need noc from my ex who is always abusive and will never give the same, can I get the court order from the court for the sole custody. Plz let me know how much time court order will take and It can be used as An noc for pr process. My ex is not in india he stays in dubai. Kindly let me know in case he does not come to sign can it be ex party
A.Dear Sir,
You may file application before concerned Court or file child custody case seeking permanent custody of the child in the giving developed circumstances and it will be disposed off in your favour on the following principles of law.
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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.
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-
Such Commissions are situated in Every State
.==============
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:
You may file application before concerned Court or file child custody case seeking permanent custody of the child in the giving developed circumstances and it will be disposed off in your favour on the following principles of law.
===================================================================================
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.
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-
Such Commissions are situated in Every State
.==============
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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A.Dear Client,
you should have filed a petition before magistrate stating that you ex- husband is not paying the maintenance within one year of him not paying the maintenance. now, as the child is 7 and a minor, mother can claim maintenance till the time the child is dependent on her. This means that for the period that the child is studying and cannot earn on his own, the woman can claim financial contribution from the father.
Generally, it takes about 45 days to process PR cards for new permanent residents once IRCC receives a complete application package from individuals who have fulfilled their residency requirements. Applications for renewed PR Cards generally take 104 days. Since no custody case is pending in India as such the mother can move to Abroad with child...The father of the child has a right to file child custody visitation rights but it is very hard for him to any orders from the Court unless notices are served on the mother...It is advisable to move out of India at this stage only.
you should have filed a petition before magistrate stating that you ex- husband is not paying the maintenance within one year of him not paying the maintenance. now, as the child is 7 and a minor, mother can claim maintenance till the time the child is dependent on her. This means that for the period that the child is studying and cannot earn on his own, the woman can claim financial contribution from the father.
Generally, it takes about 45 days to process PR cards for new permanent residents once IRCC receives a complete application package from individuals who have fulfilled their residency requirements. Applications for renewed PR Cards generally take 104 days. Since no custody case is pending in India as such the mother can move to Abroad with child...The father of the child has a right to file child custody visitation rights but it is very hard for him to any orders from the Court unless notices are served on the mother...It is advisable to move out of India at this stage only.
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