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Karim Adam

Posted 3 weeks ago

Help me child custody
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A. Dear Sir, 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
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Hi Priyamvada Sharmaayaa

Posted 1 month 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?
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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
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Farha Iffat

Posted 1 month ago

Can a child Custody case be moved to fast track if yes how?and how much time will it take? if in the case of a mother if the child attains 7yrs of age during the process will she able to get the custody?
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A. Dear Sir, There is no fast track Court. But you can approach High Court and get a direction to the Family Court to dispose the case within 60 days or so. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

How long will a child Custody case run?
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A. Dear Sir, There is no limit for running a child custody case. You may approach High Court and get time bound disposal direction.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 1 month ago

Hello..took khula according to Muslim law 5months back.my ex husband seperated my 11month old son from me took to his house and blackmailed me that if I want my son I should break all d relations with my parents n never visit or talk to them and I should listen to his parents however they abuse me.i waited for 20days then applied for khula according to Muslim law.they threatened me that if I took my child they Wil harm my parents.i rejected the custody of my child under fear.3days later he came back and said that he wants to settle the matter and will remarry me and will take me away from his parents who used to torment me.then all of a sudden stopped calling or texting.when my father approached him he clearly refused for a settlement saying dat his parents doesn't want me to come back and he Wil not go against them.then after a few days he again approached my father saying dat he should talk to his father over dis and apologise as it was in the interest of the child who was 1yr old then.my father agreed and talked to him but he was reluctant to talk to my father instead he abused and defamed me saying that I had an affair with another man and had eloped with that man leaving behind my child.since then he comes every few days and says he Wil marry me later says no.this is going on and off since 5months.now he is going to gulf and leaving the child behind with his parents and does not want to give him to me.he is telling me that I should marry him secretly and if his parents wish they Wil give my child back.but I dnt want this as he is not trustworthy.plz tell me a way how can I get my child back.he is now 1.5yrs old.his mother is reluctant to give me my child or even to let me meet my child.she is saying that he belongs to them is there property and I have no right over him
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A. Ma'am as per your query 1. You had relinquished your right to maintain your son. [In this regards the next guardian, the father of the child becomes the caretaker of the son] Irrespective of the fact that you had left such guardianship or the onus to maintain your son by force or any other external factors which have to be proven in the court of law having competent jurisdiction which will be tough to prove as you will have no documentary evidences to prove the same. All that we shall have are circumstantial evidences which are not enough. 2. The general thumb rule which the court follows is that till the child has attained the age of 5 years the guardianship of the child goes to the mother irrespective of whether she is rich or poor or can maintain the child or not. The law states that the mother is the natural guardian of the child until he attains the age of 5 years. Hence in your case even if you file a custody case it will be in your favour as the age of your child is below 5 years. Also, if we look at the statutory provisions. The father of the child is leaving for gulf and is not taking the child along with him but is keeping the child at the mercy of the grandparents who are old and infirm and must be suffering from various ailments. In such a situation you can file a custody case for the benefit of your child on the following grounds. 1. Neglect 2. Incapacity 3. Non Performance of the duties of a father In my opinion you should file a Child Custody case as soon as possible and take the custody of your minor child in your hands proving well that it is in the interest of the child that the custody goes to you [the mother]. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Anonymous

Posted 1 month ago

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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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 If you liked the advice please rate me on the vidhikarya portal.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Arvind Tripathi Experience: 28 Year(s) Allahabad
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anil Mathew

Posted 3 months ago

My wife and my son is not staying with me for almost one year, after she left with some family quarrel. She and her parents not allowing me to see my son. Is there any legal way to see my son?
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A. file a suit for Child custody in the competent court. court will grand you permission to meet you child or grant permission for a specific time to stay with you with certain terms and conditions.
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YAKUB ALI MOHAMMED Exp: 2 Year(s) Hyderabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

jitendra kumar ukey

Posted 3 months ago

can father get 8 years old girl child custody after divorce
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A. Dear Sir, Yes, it all depends upon welfare of the child which will be considered by the Court. For full procedure contact me on mobile through Vidhikarya.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Foodi Blog

Posted 3 months ago

Do the parents need to submit my documents in the process .like birth certificate and my photography (passport size) I want to know .I am 19 and I don't want to live with my parents. Can I take decision for Myself
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A. Dear Sir, You can take decision by yourself as you attended age of majority but regarding birth certificate the proper witness will be your parents if you are unable to get any other believable evidence. For full procedure contact me on mobile through Vidhikarya.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Suman Bhutane

Posted 3 months ago

Respected sir/madam Muje mere bachi ki child custody ki case transfer karni he to kya procedure he? Agar transfer me delay ho to muje kya karna chahiye ? I'm waiting answer.. Thank you
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A. Dear Bhutane Ji, The Court decides the Child Custody on certain grounds.If you come under those grounds then there is no problem.But, if the court fees that you are not coming under the category and the child is going to be neglected in those exceptional circumstances the Court gives custody to th father which is not quite normal.In in any case either Parents will have the visiting Right in the presence of the spouse/either father or mother. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

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