family law - child care during divorce proceedings

Querist : Anonymous (Querist) 02 December 2010 This query is : Resolved
If a husband and wife were seperated when the wife was pregnant and the husband has filed for divorce , and does not communicate or take care of the wife and his child during her pregnancy and after that also.

The wife does not wish to give divorce.

In the above circumstances, after the birth of the child,

1. Can the husband, ask for the child through a petition to the court?

2. When can the husband ask - that is what age of the child can the husband ask for the child ?

Under which section of the family courts act or hindu marriage act are the provisions under these covered

Thanks

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Guest (Expert) 02 December 2010
WIFE CAN FILE CRIMINAL APPLICATION TO THE CHIEF JUDICIAL MAGISTRATE COURT FOR MAINTAINENCE OF WIFE AND CHILD UNDER SEC.125 OF THE CRIMINAL PROCEDURE CODE.SHE WILL SUCCEED.
IN GENERAL CUSTODY OF INFANT CHILD REMAINS WITH THE MOTHER TILL SEVEN YEARS OF AGE BUT HUSBAND CAN CLAIM CUSTODY ON VARIOUS GROUNDS.GOOD LUCK.

Devajyoti Barman (Expert) 02 December 2010
1. Yes but the prayer would not be allowed.
2.Not age but the welfare of the child is the paramount consideration.
Secton 26 of the HMA.

adv. rajeev ( rajoo ) (Expert) 03 December 2010
Mother is the proper person to take care of the child.
Upto seven years child will be with the care and custody of the mother, then if child wishes to go with the father it can, otherwise no.