Child custody grounds

as per law female child stay with mother upto major, otherwise other then cases you will face it, same time you must provide maintenance wife and dct.

I disagree with Ld. Mr. Ali, the welfare of the child is the sole criteria in deciding child custody.

Answering the main query:

1. Wife is not working, and not ready to work either,( her lawyer also advised her to work )she says the child is only fathers responsiblity

IF SHE IS HARD PRESSED FOR MONEY, IT CAN BE A GROUND FOR CHANGE OF CUSTODY. THERE ARE FEW CASE LAW ON IT.

2.Can the Court ask the child for her opinions as to who she wants to be with at this age

THE OPINION OF THE CHILD OF IMMATURE AGE IS NOT CONSIDERED BY THE COURT.

3.Is it not that the mother is also responsible for the childs future and upbringing ( Financially )

YOU WANT TO GET RID OF MAINTENANCE OR YOU WANT THE WELFARE OF THE CHILD.

4. Would her age also be considered ( she is 41yrs while i am 32 )

YES.

5. Would her educational qualification be considered, as she is not eductionally qualified

YES

6.If i need to get my Dtr to Mumbai for holidays, would i require her permission ( no custody has yet been  given) would i need to give an application in the court of any sort

YOU WOULD NEED TO GIVE AN APPLICATION IN COURT, THE COURT WOULD DECIDE, IF SHE DOESNOT AGREE.

7.Is it that the mother needs to be financially supportive too incase of the childs future, considering that she was working before marriage

IT IS IMMATERIAL, YOU FIGHT CHILD CUSTODY ON THE MERITS.

REGARDS,

SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

Mr Kapoor,

Thank you so much for your reply, makes me feel a little confident and at ease now, I would really appreciate if you could really ellaborate some points to me..and if possible pass on some judgements in support of that..

3. I am actually more intrested in my childs future, and since i am the one who is doing everything for her, with no support coming from her, i feel that the custody should come to me, and i want my kid more than her..So answering to your point, i am ready to pay her maintanance but i want to custody

4 & 5 Since you say that her Age and eduction would be conisedered, could you if possible let me know about some judgements

And One final thing if you can verify, I can say that when a childs future is considered, it is not that the Father has to pay up all her Fees and everything else, while her mother does not do anything for it. Basically i am looking for some judgement that says both the parents are responsible.. and if she does not want to take responsibility, Custody can go to me.

and if you could help me work on points that would help me get her custody, like maybe photos, gifts of anything like that.

Thank you once again

Oscar

There are judgements on each aspect which you have raised.

Visit forum.498a.org and see the judgement section under the head of child custody related judgements.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you very much Mr Kapoor , I am going through the forum like you adviced , however could you tell me if the custody could be filed now itself, or do i need to wait till she is 7 .. Are there any laws or judgments that say that a a child of less than 7 yrs of age need to be with her mother only..

Regards

Peter

You can file custody anytime.

I filed when my kid was 2 years old.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com