Custody of 18 year chiled

sandeep (Querist) 03 August 2015 This query is : Resolved
divorce was in 1999 on the basis of MC and one child was born before divorce in July 1997 and it was agreed by both the party that the female child born from the wedlock of the parties shall remain in the custody of the mother and the father shall not claim the custody of the said female child. there is no other term and /or condition and there is no other claim of any nature whatsoever.

Pls advise following :

1. Can father claim child custody if yes so under which article and how?

2. If father can't claim custody so can have any rights of meeting with child and how and under which article.

3. In case father trying to meet his child but mother not giving permition for meeting with child so can father go and meet his child

OR

Move / File request application in front of Honorable court for meeting with child.

4. If mother calming that female child don't want to meet his father so can father move request in court for counseling under medication center of female child since she is staying with mother from since birth till 18 years under influence of mother and chances of brainwash of child.

Pls advise if require any further details for reply.

Thanks and Regds
Sandeep

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Nadeem Qureshi (Expert) 03 August 2015
Dear Sandeep

My opinion on your queries are as under:

1. Can father claim child custody if yes so under which article and how?

Opinion: If the child is major then child custody case can not be filed before court, now it is the wish of the child that she wants to go with the mother or father until and unless the mental condition of the child is not effected by any illness.

2. If father can't claim custody so can have any rights of meeting with child and how and under which article.
Opinion: For major child there is no procedure.

3. In case father trying to meet his child but mother not giving permition for meeting with child so can father go and meet his child
Opinion: Yes the father may meet the child if the child is also willing to meet him, nobody can restrain him/her.

OR

Move / File request application in front of Honorable court for meeting with child.
Opinion: there is no minor child hence the court have no power until and unless the child is also willing to meet the father and the mother is restrain her to meet the father then a complaint u/s 97\ of Cr.P.C. can be filed against the mother and the statement of the girl can be recorded by the magistrate and based on the statement of the girl the magistrate can be pass appropriate order.

4. If mother calming that female child don't want to meet his father so can father move request in court for counseling under medication center of female child since she is staying with mother from since birth till 18 years under influence of mother and chances of brainwash of child.

Opinion: Complaint u/s 97 of Cr.P.C can be filed and when the girl present before the court then the father may pray for the meeting with the child with the permission of the court if the girl is also willing then only the court may permit to meet the father otherwise not.

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Guest (Expert) 03 August 2015
Vague set of queries! Agreed or not, please discuss about what was held in the court judgment with what terms & Conditions included therein?

Also, please mention in what way you are concerned with the issue?

Rajendra K Goyal (Expert) 03 August 2015
Author need to reply the questions from expert PS Dhingra ji.

sandeep (Querist) 03 August 2015
I am father of female child

Custody of 18 year chiled

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