Mani123456 (Engineer) 16 November 2010

how to get ineterim custody of my son

Hi,

After my wife filed false 498a I filed divorce case on mental cruelity. The Case went to mediation center where she demanded for 25 lacks Rs. I have decided to fight the case. She did legal kidnapping of my 5 year old son

after filing 498a. I have got the court visitance order where I meet my son only for 4 hours each sunday. Now Mediation is failed and case has gone back to court. How can I get the maximum interim custody of my son?

My lawyer told I will be getting weekend custody and half of my sons vacation and holliday custody.

He is 5 year 2 months old now. He is so scared and brainwashed by her mother, so he says he wants to meet me only on presence of my wife. which I have been doing due to visitance order by court.

Regards

Mani

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 November 2010

Up to 7 years child will be with mother becasue she is the proper person take care of a child after 7 years you can claim the custody of the child.

(Guest)

What is the basis of saying that custody will be with mother until boy get to 7 years?

For boys custody HMA says 5 years. Muslim law says 7 years. Is your suggestion based on assumption that the muslim law will apply to the poster?

Adv Archana Deshmukh (Practicing Advocate) 16 November 2010

@Mani123456

Mention to the court that your child is being tutored against you which is not correct for his healthy growth, and that you need to be allowed to spend more time with him to develop healthy normal relationship with him and for him to get his father's love and affection.