icon ST certificate

1. The father has remarried after abandoning wife and children for 5 years. 2. ⁠The mother is ST, father is general. The daughters have the father’s surname. 3. ⁠Can the mother remove the fath


A. 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 right to change the last name/surname of the child without seeking approval from the separated spouse. The procedure to Change the Name and Surname of the Child involves swearing of an Affidavit before the First Class Judicial Magistrate or Executive Magistrate, advertising in newspapers and notificatio ...ReadMore

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icon Harrasement in the school

Teachers are always disseminating my daughter with her past mistakes and harassing mentally.. Even complete management is same after complaining to principal also no use please guide how to lodge a co


A. Dear Client,

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, explicitly prohibits both 'physical punishment' and 'mental harassment' in Section 17(1), classifying it as a punishable offense under Section 17(2). Once a student raises a complaint before the competent authority and it is substantiated during an inquiry, legal action can be taken against the offender. Complaints can be submitted to the National Council for Teacher Education (NCTE), either through direct cor ...ReadMore

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icon Can a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son

Me & wife contesting divorce,3 hearings passed & she replied to my petition,in the meantime I proposed for mutual which she agreed, on the first session, she said don't want to come back, also


A. Dear Client,
Under the Guardians and Wards Act of 1890 in India, when a child reaches the age of 9, the court considers their preference in custody disputes between parents. Sole custody for a father is possible, but it requires establishing the mother's unfitness before the court and demonstrating that the father meets the "best interest standard" for the child. Section 39 of the Guardians and Wards Act outlines that a parent, be it the mother or father, may lose custody if they fail to provide ...ReadMore

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icon Child custody and property rights

My cousin is a widower with one child girl child and he met a girl after wards who's an unmarried woman and she's quite good only that the child she doesn't want to keep with her rest she's having no


A. Dear Client,
In the ancestral property (if proven), the children of the first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self-acquired properties in favor of his children born out of his second wife without allotting any share to the children of his first wife. The rights to ancestral property for the first wife and her children without a divorce from the husband are determined by the Hindu Succession Act of 195 ...ReadMore

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icon Child Custody

Hello Buddies, I want to know I am Working mother and my baby is 8 months old. If I file for a Divorce and applied for child custody what are the chance of mine that getting my baby custody and what a

1 Response(s)

2 months ago


A. Dear Client,
Generally, custody of a child up to the age of 5 years is given to the mother. According to the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of five (5) years is awarded to the mother and in the case of a boy or unmarried girl above the age of five, the father gets the custody..

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icon Divorce - My girl Child aged 11 years is staying with her mother

My girl Child aged 11 years is staying with her mother. I stay separate. Can the mother initiate Posco case against me? She wants a divorce and wants to get remarried. I do not want a divorce for the

3 Response(s)

2 months ago


A. Dear Client,

Your wife can initiate a case of POSCO against you and India has a high number of cases of fake POSCO Proceedings, but the possibility of it depends on the mentality of your wife and her approach. However, even if she initiates the case establishing the crime under POSCO when you are innocent will be a very difficult task.

You have mentioned that your girl child is 11 years old, in deciding matters related to custody of a child above the age of 9. The child's interest is of great ...ReadMore

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icon Mutual divorce - wife taken the custody of child

We both had agree in mutual divorce and we sign the concern terms for child that child can stay any where as his choice and suddenly wife taken the coustady of child and not allowing to meet.

3 Response(s)

2 months ago


A. 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 child by either parent. It is possible for a father to get sole custody of his child. In order to do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the ...ReadMore

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icon Divorce case - wife is in Oman and I am in India now

Dear Sirs, My name is Muhammed F R. I was living in Oman 12 years with y family& I was returned to India to cancel my existing Job visa and go back to Oman with new job visa. When i came back to India

3 Response(s)

3 months ago


A. Dear Client
Familiarize yourself with the Indian laws pertaining to child custody. In India, the welfare of the child is of paramount importance, and the court will make decisions that are in the best interest of the child. If your wife and her family are not engaging in an amicable resolution, you may need to initiate legal proceedings. This may involve filing for child custody or visitation rights through the family court in the jurisdiction where your family resides. Collect any evidence that ...ReadMore

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icon Child custody

How can I get my children from abroad before filing divorce

1 Response(s)

3 months ago


A. Dear Client,
You may need to file a petition for child custody or guardianship in the appropriate court. It's important to determine which court has jurisdiction over your case. Jurisdiction typically depends on factors such as the child's residence, the child's nationality, and other circumstances. Initially, you can request the appropriate court to issue interim orders granting you custody or visitation rights until a final decision is made.

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icon Full custody of child

After mutual consent divorce, how to get full custody of child if husband is not real father of male child, can woman apply for full custody after MCD, even if joint custody is there in MCDA TERMS AND

3 Response(s)

4 months ago


A. Dear Client,
In the matter of Custody of Child in Mutual Consent Divorce, both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Either parties can always seek ammendment of the child custody even after divorce by mutual consent. Custody of children below the age of 5 years is by default given to the mother unless the mother is proven to be unfit for raising the child. Children above the age of 9 years are given a c ...ReadMore

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