Child custody
Oscar Mendes
(Querist) 12 August 2011
This query is : Resolved
Hi,
I have a query about the custody of my girl child who is about 4 1/2 yrs old..I am going through a divorce, and the case is going on for 2 yrs now and is the final stages of arguments..My wife had filled a DV case also on me saying a lot of things that were proved wrong by my lawyer and the case came in my favor, i used to give her interim maintenance at that time apart from what i used to give her normally..so that case is over.. i wanted to know if i could get the custody of my child since the mother is not economically well off and she keep borrowing money from others,not willing to work either, her lawyer also advised her to work, but she does not want to.. so on that basis that i can give my kid a much better life, is it possible to get her custody..the divorce case is filled on the basis of ill treatment and mental torture, since she is always doubting my fidelity, and also now that she has filled wrong DV cases on me and my parents which were declined.. Please Advice
prabhakar singh
(Expert) 12 August 2011
Hindu law
The Hindu Minority and Guardianship Act 1956, along with the Guardians and Wards Act 1890, lays down the rules of guardianship in India. It states that while the natural guardian of a minor is the father, the custodial responsibility of infants should be awarded to the mother.
Despite these notes, such cases are generally inclined in the favor of the mother, since Indian society sees the relationship and bond that mother and child share to be more essential, and thereby nurturing.
Muslim law
Under the Muslims laws for divorce in India, the foremost right of custody belongs to the mother, and is known as the “right of hizanat“. In case the mother is disqualified, the father can be given custody as dictated by law.
This is however a time-bound right. After the child has come of age, the father can contest, and gain, legal guardianship.
Parsee Law
Laws pertaining to the custody of children is provided in the Parsi Marriage and Divorce Act, 1936 under section 49.
Christian law
There are no specific laws laid down for the Indian Christian community, which is why the 1956 Act is applied in this case.
Since a divorce can be especially traumatic for children, parents should take special care to keep them away from the arguments and fallout, that most divorces tend to come with.
Uncontested divorces are the best option for parents who don’t want to get involved in lengthy proceedings, which in some cases has been known to take years together.
The subject of child custody in India is difficult to deal with, primarily since the Indian society still shuns and looks down upon divorced couples. At times, innocent children too have to bear the brunt that such intolerance brings with itself.
M/s. Y-not legal services
(Expert) 13 August 2011
Her unemployment not favour grounds for you. Since child is minor, court will allow it with mother's custody only. As a father, as a husband you are responsible to maintain both of them.. it with mother's custody only. As a father, as a husband you are responsible to maintain both of them..
Oscar Mendes
(Querist) 16 August 2011
Hmmm.. Ok, i agree that i am responsible, and i am doing everything for her future to be secure.. the only thing that is bothering me that, why should i not get the custody of the child, it is not that i don't want my kid.. it is the duty of the mother also to be equally responsible for the kids future, if she is just going to live on my maintenance and not work or take up a job and i got to do everything for my kid alone, why not give the kid to me only as her full custody..
