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Q. Child Custody Law

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Anonymous

posted 7 months ago

Q.Child Custody Law
My husband and I are planning for a divorce and we have to decide on the custody of our 3 years old son. I heard mostly mother should take care of the child if the child is below years. I want to do that but my exhusband wants to keep the child and he is getting into an argument about this. I feel no safe when my son is with him because I know what kind of a person he is. How can I get the custody of my son and till what age I can ?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 7 months ago

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A. ) Ma'am as per your query,
The general thumb rule is that the custody of the child is given to the mother till 5 years [She being the Natural Guardian] after that, the custody will be dealt on the merit of the case as to who can take care of the child both emotionally, mentally and [very importantly, financially] and with whom does the court see the bright future of the child. Also, when the child is aged enough to give his consent, his opinion will hold great value in the decision making of the decision of the court.
Hope this helped
Shreyash Mohta
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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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A. ) Dear Madam,
You can file child custody case and also entitled for alimony for you and maintenance for child. The child custody will be given to the mother and prime consideration will be welfare of the child as per following judgment.
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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-

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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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 7 months ago

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A. ) U should file children coustody suit . U will get it

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Arvind Tripathi

Experience: 28 Year(s)

Responded 7 months ago

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A. ) You can check my profile to contact me so that we can further talk in detail of your matter. We will see into it.

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