Child - Can a father take child
3 months ago
Can a father take child of 3.5 years from mother.both separated for two years. She not showing child through video call. Husband working in other states If taken she can file case.
I read one judgement in Gujarat case, if father taken child, case cannot be filled against him.marriage as per special marriage act
Any idea
A.Dear client,
The natural guardian for any child below the age of 5 is the mother as per Section 6(a) of the Hindu Guardianship and Minorities Act. If the court during the separation has ordered for the mother to be legal custodian or guardian, the father only has visitation rights.
The wife should follow the court orders in visitation rights and the husband can legally enforce the wife to show him his child. The husband can send a legal notice to the wife regarding the same. The husband can also file for a joint custody for the welfare of the child under the Guardianship and Wards Act.
Thank you
The natural guardian for any child below the age of 5 is the mother as per Section 6(a) of the Hindu Guardianship and Minorities Act. If the court during the separation has ordered for the mother to be legal custodian or guardian, the father only has visitation rights.
The wife should follow the court orders in visitation rights and the husband can legally enforce the wife to show him his child. The husband can send a legal notice to the wife regarding the same. The husband can also file for a joint custody for the welfare of the child under the Guardianship and Wards Act.
Thank you
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A.Dear Client,
According to the Hindu Minority and Guardianship Act, the custody naturally goes to the mother, if the child is below 5 years of age. Only if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. Sole custody is not favored in court considering the best interest of the child. This type of sole custody, however, is warranted when the child's well-being is at stake. A parent can legally take their child away from the other parent. But, when the child is in safe hands with either parent, sole custody is unlikely to be granted by the Court. Forcefully taking away of a child by a parent from the custody of another is a crime for which a complaint of kidnapping can be filed under Sce.361 of IPC against the parent who committed the crime of kidnapping. Section 38 of the Special Marriage Act, 1954 deals with the Custody of Children (Court marriage or couple from different faiths). In any proceeding under Chapter V or Chapter VI of the SMA, the District Court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper concerning the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petitioners for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions concerning the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending. Since the custody of the minor is involved, the courts have taken the view that it should also take into consideration the provisions of the Sec.6 of the Hindu Minority and Guardianship Act, 1956. Reach out to an Advocate for guidance and steps.
According to the Hindu Minority and Guardianship Act, the custody naturally goes to the mother, if the child is below 5 years of age. Only if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. Sole custody is not favored in court considering the best interest of the child. This type of sole custody, however, is warranted when the child's well-being is at stake. A parent can legally take their child away from the other parent. But, when the child is in safe hands with either parent, sole custody is unlikely to be granted by the Court. Forcefully taking away of a child by a parent from the custody of another is a crime for which a complaint of kidnapping can be filed under Sce.361 of IPC against the parent who committed the crime of kidnapping. Section 38 of the Special Marriage Act, 1954 deals with the Custody of Children (Court marriage or couple from different faiths). In any proceeding under Chapter V or Chapter VI of the SMA, the District Court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper concerning the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petitioners for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions concerning the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending. Since the custody of the minor is involved, the courts have taken the view that it should also take into consideration the provisions of the Sec.6 of the Hindu Minority and Guardianship Act, 1956. Reach out to an Advocate for guidance and steps.
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