Minor child custody - wife was thrown out of house
1 year ago
Myself wife was thrown out of house with child...recently took my 3 yr old girl child to andra...not giving her back its been 8months was begging them to give back the baby through relati es bit not use ...now my lawyer have said to file a case on my hometown ie. In tamilnadu...guardians and wards act...since she is 4yrs now...will i get abck my child soon..now they might have screwed her against me...will they ask her wish with whom does she wish to say or the court will give my child to me...pls help me
A.Dear client,
Both the parents have an equal right to the custody of a child. However, who gets the custody of a child is still a question which the court has the power to decide upon. Moreover, when it comes to personal laws the statues are conflicting as compared to secular enactment in the form of The Guardian and Ward Act, 1890 which holds the welfare of the child as the paramount importance and thereby the court of competent jurisdiction endeavor to strikes a balance between the two. And as because the custody of the children is given to one parent that doesn’t implies that the other parent cannot be in contact or see the child. The courts in India makes sure that the child gets attention and affection of both the parents. The court gives the other parent visitation rights of which the conditions are determined by the court.
Under Hindu law and as well as Secular law, the custody of the child under the age of five is usually awarded to the mother. In most of the cases fathers gets the custody of the older boys and mother of the older girls. Moreover, child’s interest is the main criteria and the choice of the child above the age of nine is considered by the court.
Both the parents have an equal right to the custody of a child. However, who gets the custody of a child is still a question which the court has the power to decide upon. Moreover, when it comes to personal laws the statues are conflicting as compared to secular enactment in the form of The Guardian and Ward Act, 1890 which holds the welfare of the child as the paramount importance and thereby the court of competent jurisdiction endeavor to strikes a balance between the two. And as because the custody of the children is given to one parent that doesn’t implies that the other parent cannot be in contact or see the child. The courts in India makes sure that the child gets attention and affection of both the parents. The court gives the other parent visitation rights of which the conditions are determined by the court.
Under Hindu law and as well as Secular law, the custody of the child under the age of five is usually awarded to the mother. In most of the cases fathers gets the custody of the older boys and mother of the older girls. Moreover, child’s interest is the main criteria and the choice of the child above the age of nine is considered by the court.
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