Section to file child custody by Father

This query is : Resolved 
 

(Querist)
18 September 2019

Hello,

I want to file child visitation and custody.
RCR is going on but wife is not appearing in it so I want to file a seperate case
Please advise whether I should file it in section 6 a off hindu minority act or section 12 25 of GWA act?

Which one is better for father if son is 3 years old and wife is not allowing to talk to son since last 2 years ?


KISHAN DUTT RETD JUDGE (Expert)
18 September 2019

Dear Sir,
You may invoke the following Section or interim custody of the child.
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Section 12 in The Guardians and Wards Act, 1890
12. Power to make interlocutory order for production of minor and interim protection of person and property.—
(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
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Section 25 in The Guardians and Wards Act, 1890
25. Title of guardian to custody of ward.—
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custo¬dy of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1.
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.


Dr J C Vashista (Expert)
20 September 2019

Your petition should be u/s 25 for permanent custody whereas it should be u/s 12 of the Guardians & Wards Act, 1890 for interim custody/ visitation rights.

R.K Nanda (Expert)
Click to Talk
20 September 2019

file petition u/s 12 &25 of GWA.

Sachin Srivastava (Querist)
02 October 2019

I was about to file child custody and visitation but my wife changed her address and now not giving me the new address. What are my options? Please help.

Dr J C Vashista (Expert)
03 October 2019

You will have to appreciate the fact that none of the experts can help you in tracing your wife.
It would be advisable to consult a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding.

Sachin Srivastava (Querist)
03 October 2019

What I thought was some guidance on habeaus corpus. Can it be used in this case? Does high court directs police to search for the person? It's a 2 minute task for police to track her but without a court order they won't do anything

Sachin Srivastava (Querist)
03 October 2019

What I thought was some guidance on habeaus corpus. Can it be used in this case? Does high court directs police to search for the person? It's a 2 minute task for police to track her but without a court order they won't do anything

Sachin Srivastava (Querist)
03 October 2019

What I thought was some guidance on habeaus corpus. Can it be used in this case? Does high court directs police to search for the person? It's a 2 minute task for police to track her but without a court order they won't do anything

SHIRISH PAWAR, 7738990900 (Expert)
09 October 2019

Dear Mr. sachin,
You can file child custody application in your pending RCR case. You can pray court to direct wife to bring child to court in custody application.
Regards,



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