Name change in court decree
Name change in court decree
After getting child custody decree if we legally change name of child can we get the name changed in the custody decree papers
2 weeks ago
A. Dear Client,
Section 152 C.P.C. provides for correction of clerical arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. But the change of name of the child post-decree cannot be considered a clerical mistake arising out of accidental slip or omission. So, you have to file a review petition under Section 114 of CPC praying for a review of judgment to the Court which passed the decree or order, and the Court may make such order ther ...ReadMore
Custody of child-in case of one of the spouse is held guilty/proven of Adultery
Hi Team, A is married to his wife B for 8 years and has a son C of 4 years. A recently found out that the B was already In a relationship before marriage and is continuing the same now (with being in
4 weeks ago
A. Dear Client,
In India, the primary consideration for the court in determining child custody is the welfare and best interests of the child. If the child is below 5 years, the custody will naturally go to the mother under The Hindu Minority and Guardianship Act. 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. The court will consider the child's attachment to each parent and the potential impact of separation and also ...ReadMore
Vidhikarya
Suit for Visitation Rights after divorce
Mr. A & Ms. B were married in 2009 & had a major car accident soon after. Mr. A was bed ridden for next 4-5 months. In June, 2010,once Mr.A was able to walk a little, he left for Country F (where he w
1 month ago
A. Dear Client,
If Mr. A who has custody of his son Mr. C now, after divorce, wishes to obtain visitation rights, he can file a petition in Family court under the provision of the Guardianship and Wards Act 1890. This act encompasses issues to do with the minor’s custody and guardianship also giving legal option available for the non-custodial parent to seek visitation rights of the minor. Mr. A can approach the court seeking an order that will allow him visit his son to have a relationship with ...ReadMore
Vidhikarya
A. Dear client,
If your school is not honoring a recognized government holiday, begin by verifying that the holiday is officially sanctioned and relevant to your school. Examine your school's holiday policies, then approach the school authorities to discuss the issue calmly and present your case. If verbal discussions don't work, submit a formal written request to the administration. Should the problem persist, escalate the matter to the local education department for assistance. Involve your paren ...ReadMore
Vidhikarya
PG owner refuses
PG owner refuse to give my children back staying that to clear school due
2 months ago
A. Dear Client,
In the given scenario, lodge an FIR against the PG Owner at the local police station under Section 361 and Section 503 of IPC for kidnapping of a child from a lawful guardian and criminal intimidation. Endorsing a copy of FIR to the School authority, bring the matter to the notice of the Chairperson, the National Human Rights Commission, New Delhi filing a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) and the State Human Rights Commission alon ...ReadMore
Vidhikarya
Child Custody and domestic violence
Hello Sir, Got your contact number from Google. I am Priyanka Kumrawat from Indore (MP) belongs to orthodox family and need your guidance regarding child custody & domestic violence. Case: We got m
2 months ago
A. Dear Client,
I understand the difficulties you are facing, and I am here to help you navigate through this challenging situation. Based on your description, you have several legal remedies available under Indian law to address domestic violence and child custody issues.
First, regarding domestic violence, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This Act provides for various reliefs, including protection orders, residence orders, monetary relief, a ...ReadMore
Vidhikarya
Mix child and divorce with indian husband in india
Hello , we married few years, my husband is abuser. I’m foreign women. We are raising daughter who is 3 years old. I want to leave him because it’s super unhealthy for me and my daughter to be in
3 months ago
A. Dear Client,
I understand your concerns regarding your abusive husband and the well-being of your 3-year-old daughter. In India, under the Protection of Women from Domestic Violence Act, 2005, you have legal options to seek protection and relief. You can approach a lawyer to file for a protection order, restraining your husband from further abusing you or your daughter. Additionally, you can seek custody of your daughter and claim maintenance for her upbringing and your own sustenance under rel ...ReadMore
Vidhikarya
Change of School application under DV act
Divorce petition filed by me in Dec-2020 . DV filed by wife and my mother Mar-21 . My religion is Hindu. I have custody of both of my boys(age 14 and 11). Recently she has filed application for change
3 months ago
A. Dear Client,
The custody order passed by the Magistrate under Sec.21 of the D V Act is interim and temporary. Such an order of temporary custody is passed during the pendency of a DV case. A magistrate cannot pass an order granting permanent custody of the child to the aggrieved person in a DV case. So, for an application claiming a change of school for the child which is of a permanent nature, the DV Court is not empowered to allow such a claim of the applicant during the pendency of the DV Cas ...ReadMore
Moving out/Running away with 3siblings under 18 - Leaving BPD mom behind
I'm 27, all these years i thought my mom was different,shamless,entititled,weird,mentally unstable,greedy etc. But i refused to to believe since she is my mom. But two years ago my dad passed away lea
4 months ago
A. Dear Client,
You're facing a difficult situation with your mother, who has been abusive due to untreated mental health issues. You took the step to move out with your siblings for safety, but you're worried about potential consequences, including losing custody of them. Prioritize the well-being of yourself and your siblings, seek legal advice, and lean on support from trusted individuals as you navigate this challenging time.
Vidhikarya
Travel abroad
Can my husband stop me from traveling out of the country with out 4 year old son? He refuses to give permission but my son and I have foreign passports so I don't need written consent
4 months ago
A. Dear Client,
Your husband can not stop you from leaving the country although he will have certain rights over the child since you both are still under the status of being married
Vidhikarya
