Mutual DV and child custody
Mutual DV and child custody
Can we get mutual divorce and after 2 months can I apply a fresh petition for child custody. If yes, under what section
1 week ago
A. Dear Client,
According to the Hindu Marriage Act, either spouse can file for divorce with mutual consent after one year of marriage and one year of separation. Contested divorces don't require a year of separation. In custody matters, both parents have equal rights, but if they disagree, the court decides based on the child's welfare. Hindu couples can petition for custody under the Hindu Marriage Act or the Guardian & Ward Act. Typically, custody goes to the mother for children under 5 unless ...ReadMore
Living separately for 7 years
I am Living separately for 7 years. I would like my wife and my 2 kids come back to my home
2 weeks ago
A. Dear Client,
Living separately for an extended period, such as seven years, doesn't obligate your family to reunite with you against their will. Even a court cannot compel your family to reconcile after such prolonged separation, which constitutes a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955 if either spouse applies for it. However, under Section 9 of the Hindu Marriage Act, a spouse can petition a district court for the restitution of conjugal rights, which allo ...ReadMore
Change surname of child of 10 yrs
Sir I have married to a divorce girl and she has a daughter of 10 yrs and we both want to change surname of her daughter to my surname.
3 weeks ago
A. Dear Client,
Under Hindu law, adoption requires the consent of the biological father of the child from the first marriage, even if the marriage has been dissolved by a decree of divorce. In the case of adopting the daughter of your wife from her previous marriage, the consent of her biological father is necessary. The adoption deed must also be duly registered, with the biological father giving consent to the adoption by the new husband.
Changing the name of the biological father on the birt ...ReadMore
Girl child custody
My brother and sister in law they are not having good relationship.they want to separate .they have 2 daughters.(1st girl 11 year old & 2nd 7 years) 1st daughter want to stay with father and grand par
1 month ago
A. Dear Client,
Upon the dissolution of a marriage through a divorce decree, custody of a child below 5 years typically goes to the mother. The Guardians and Wards Act of 1890 in India allows a child aged 9 or above to express a preference for custody in court appeals by either parent. Fathers can obtain sole custody by establishing the mother's unfitness before the court and demonstrating that it is in the child's "best interest." Fathers may face additional challenges in proving paternity, thei ...ReadMore
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
2 months ago
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
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
3 months ago
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
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
4 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
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.
4 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
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
5 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
Child custody
How can I get my children from abroad before filing divorce
5 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.
