Regarding child custody Regarding child custody

5 years ago

Sir there is divorce case between me nd my husband. Because of my mother in law nd sister in law he filed a false allegations against me. I hv leave my child so that he feel some responsibility. But he is not ready for compromise. Now they put a photo of my son on Facebook and on that he is not looking happy. I think my mother in law is making my child depressed by saying bullshit against me. He is of 3 years. Can I put charges on her to make my child depressed and also demand for child custody again?

Shanti Ranjan Behera

Responded 5 years ago

View All Answers
A.Dear Madam,
The answer is yes.
But father will have visiting right as per the direction of the Hon'ble court .
Of course in the presence of mother.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
Yes, the mother is entitled for child custody as welfare of the child is the main concerned for the Courts to decide such issues.
===============================================================================================
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:

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 5 years ago

A.Ma'am as per your query, you can fight for the child custody case but the facebook thing will not work. Your advocate will need to prove that you can take better care of your son. Also, till the age of 5 years, the mother of the child is held to be the natural guardian of the child so the custody case will in all likelihood fall in your favour.

Thanks and Regards
Shreyash Mohta
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRight to parenting
Dear Client, Your query requires more details to address it suitably. Please revert to us with more details about your query. you can also avail of our paid consultation service to navigate the issue...
question iconGirl child custody
Dear Client, On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves...
question iconST certificate
Dear Client, In a situation where the mother has the sole physical custody of the child wherein, she has not remarried and the paternal rights remain unclaimed, then the mother is vested with the righ...
question iconHarrasement in the school
Dear Client, The Right of Children to Free and Compulsory Education (RTE) Act, 2009, prohibits 'physical punishment' and 'mental harassment' under Section 17(1) and makes it a punishable offense under...
question iconCan a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son
Dear client, As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of the chi...