Maintenance to minor daughter

Arjun (Querist) 25 November 2014 This query is : Resolved
Sir,
A(wife) and B (Husband) get decree for divorce with mutual consent. C is minor daughter (5 years) of A and B. as per decree of divorce B(husband) has to keep C (daughter) with him but he had left C in custody of D ( father of A). it is relevant to mention that A had remarry after divorce against the wishes of her father and living seperately with her husband. she also refused to keep C with him. now what remedy is available to C.

Regards,

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Advocate M.Bhadra (Expert) 25 November 2014
The divorce by mutual consent is best form for dissolving the marriage where the issue of child custody get decided between both parties.Now the situation arisen where the natural guardian and father(B) can demand custody of his daughter by filing a petition in District Judge or Family Court.

Sec. of the Guardian and Wards Act
Power of the court to make order as to guardianship
(1) Where the court is satisfied that it is for the welfare of a minor that an order should be made-
(a) appointing a guardian of his person or property, or both, or
(b) declaring a person to be such a guardian,
the court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

ajay sethi (Expert) 25 November 2014
appears to be an academic query .

Rajendra K Goyal (Expert) 26 November 2014
If D does not want to keep her he can hand over C to B as per divorce terms. He can also demand maintenance for C.