Arawind (i) 24 September 2015

INTERIM CHILD CUSTODY

I have filed petition under sec 13 (i) a seeking separation. My wife has filed RCR & DVC. I have two daughters aged 8 & 6 yrs. I am also paying her maintenance apart from any court order. I want custody of my children. Can I file interim child custody in her RCR. If so, please suggest me the citations.

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SAINATH DEVALLA (LEGAL CONSULTANT) 24 September 2015

U CAN FILE FOR INTERIM CHILD CUSTODY FOR THE FACT THAT U R PAYING FOR THEIR MAINTENANCE.BUT AS THEY ARE MINOR GIRLS UR WIFE WILL HAVE AN UPPER HAND IN CLAIMING THEIR CUSTODY.

If in RCR, notice has been served and the other party is appearing, then at the first instance move an application under Section 26 of HMA. It is atemporary relief and it survives till RCR petition exists on the board. So, you have to file a case under GWA. You have to chalk out a proper plan for seeking relief from the court as each and every move from your side must be keeping in view of the paramount interest of the child. If your wife is refusing to join the child in the good academic institution, where you can borne the expenditure, my opinion is that if you file an application in GWA case for directing the O.P. to the good school coupled with visitation rights, it will protect the interests of the child and also pave the way for you to get smooth permanent custody.

Arawind (i) 24 September 2015

I want to specifically file the interim child custody in her RCR so that relief is granted & as well as no order shall be passed in subject RCR because she is prolonging my divorce OP. How far this strategy works.