Girlchild custody

rinku (Querist) 16 April 2017 This query is : Resolved
I left matrimonial home 2 yr ago & started to live with my parents with my girl child. There is no case in between me & my husband. Abt 1 yr ago my husband filled a case under sec 25 guardians & wards act 1890 that was dismissed. Now 3 months ago he filled another case under sec 151 order 7 rule 11(d) custody of girl child aged 2.5 yr.I'm a working lady & he is professional.Asked for interim visitation & custody.Where should we meet for interim visitation? Can he get the custody of my girl child whereas they couldn't recognize each other.Plz suggest.

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rinku (Querist) 16 April 2017
I am Hindu..

Guest (Expert) 16 April 2017
The Child custody would be only to Mother and you need not worry.Consult and Appoint a Local Good Senior Advocate Expertised in family Matters Please

Dr J C Vashista (Expert) 16 April 2017
1, What is the opinion/advise of your lawyer who is contesting case(s) on your behalf? Have you lost faith in your lawyer? If no, accept his/her advise otherwise change him/her immediately.

2. The minor require love and affection of both of you i.e., mother as well as father you will agree. The dispute may be between both of you, which must not come in between her (minor's) share.

3. If the father wants custody of the child it shall be considered by the Court keeping in mind "paramount interest of the child". However, father has a visitation right as allowed (interim), even if the baby does not recognise him.

4. Let the father & daughter enjoy each other's company and smile at a convenient place, to be mutually decided by both of you.

5. It is premature even to predict fate of the custody petition filed by your husband.

Guest (Expert) 16 April 2017
An Excellent Advise by Senior Expert/Senior Advocate Dr.J.C.Vashista

Kumar Doab (Expert) 16 April 2017
Agreed as pointed out by Dr. J.C.Vashista:

"paramount interest of the child" as the reason and basis should be considered by both parents also.

rinku (Querist) 16 April 2017
Since last 2 yr I tried several times to speak with him to resolve the issues. But he don't want to speak with me & asked for mutual separation that I disagreed. I asked about future of our child, he did not care at all. Now he needs custody just he wants to harass me & he thought I may apply for maintenance that can be avoided. For last 2yr he did not ask abt our baby for a single time. How he can apply for custody?

Guest (Expert) 16 April 2017
Once again Refer the Advise of Senior Expert/Senior Advocate Dr.J.C.Vashista.Demanding Child's Custody and Maintenance are Different.He has to Pay the Maintenance Irrespective of Child Custody in your case he will not get Child Custody as the Child would treat him as Stranger as you had Stated.Follow the advise of Dr,J,C,Vasishta Please.