Child custody when kid below 5 years


Hi Seniors, I am from Delhi. Me and my wife had differences and living separately but my 4

yr daughter is with me. Its been 3 months and now suddenly she is trying her ways to

separate the kid frm me now. As her hindu HM law if kid is above 5 yrs custody can be

contested hotly but what are the chances currently. Kindly guide as my kid is in school

and very comfortable in the environment and i dont want her to go thru the mental trauma

which will be caused when she will understand what is happen

 
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Advocate

Firstly, do not under any circumstances allow the child to be separated from you.  The very fact that the child is staying with you since the last few months and is comfortable may turn things in your favour when the issue of custody is being decided. As far as the law is concerned, the welfare and wellbeing of the child overrides any statutory provison.  Eitherways, the law nowhere says that custody of a child below 5 years cannot be fought for.  

 
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A million thanks for the reply and the kind suggestion which has morally given me a boost at this emotional juncture of life.

Though I have recoreded evidence of my no mistake for my desertion neither money related nor abusive violent but still what if they file some false 498a / dv just to trouble me and can such false allegation make them get back the kid from me ??

Is this how it works or is it like, I can with full force deny to hand over kid to them as I strongly feel my kid is really unsafe and she is going down emotionally when I am not around. I am worried because evry where i read they say women can use legal system due to the current laws favoring them and frame me with false cases and get over the custody to them. I am not afraid of any cases though, all I am worried is my kid shd not know what is going on here as she is so tender I will not be able to firgive myself if she is affected mentally. All my efforts to calm down the situation and lead normal life has gone to dogs. No hopes of a normal family and my kid has to accept it one point,,,i want tht to happen as  a normal acceptance than a big mess and emotional drama. hope I could convey my feelings as a parent. 

 
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We are married for 8 years and kid age is 4 years. Separation period is 3 months. No cases are filed either side as of now. Just arguments and discussions happening to settle the matter outside court for which I am denying bcos i wont have a minor thought too to leave the kid with them. I have always been open to them to resolve the issue and come and rejoin the family but she wont. Instead they r blackmailing me with force. I dont have any ray of hope in life apart from my kid. After all she is the reason for my existence.

 
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FIN

The welfare of child is of paramount concern and consideration for courts...

The courts may want to speak to child...

If child is comfortable with you, child can express so...

 
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FIN

Get in touch with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ... and worth his/her salt.... and show the  case file and give inputs in person..

 
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Advocate

Originally posted by : MainLawSeeker
A million thanks for the reply and the kind suggestion which has morally given me a boost at this emotional juncture of life.

Though I have recoreded evidence of my no mistake for my desertion neither money related nor abusive violent but still what if they file some false 498a / dv just to trouble me and can such false allegation make them get back the kid from me ??

Is this how it works or is it like, I can with full force deny to hand over kid to them as I strongly feel my kid is really unsafe and she is going down emotionally when I am not around. I am worried because evry where i read they say women can use legal system due to the current laws favoring them and frame me with false cases and get over the custody to them. I am not afraid of any cases though, all I am worried is my kid shd not know what is going on here as she is so tender I will not be able to firgive myself if she is affected mentally. All my efforts to calm down the situation and lead normal life has gone to dogs. No hopes of a normal family and my kid has to accept it one point,,,i want tht to happen as  a normal acceptance than a big mess and emotional drama. hope I could convey my feelings as a parent. 

She can file all criminal complaints in the world but whether she would get reliefs depends on whether she is able to make out a case. I can advise you not to hand over your kid as right now there is no litigation pending between the both of you.  Once the litigation starts then no such action can be taken and everything depends on the directions of the Court. 

If you dont want your kid to be affected, reach an amicable settlement with your wife.  However, no matter what you do, there is a strong possibility of the custodian parent brainwashing the child against the non-custodian parent. 


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